burden of guardianship who has procured exemption by false
allegations.

TITLE XXVI
OF GUARDIANS OR CURATORS WHO ARE SUSPECTED

The accusation of guardians or curators on suspicion origin-
ated in the statute of the Twelve Tables; 1 the removal of those
who are accused on suspicion is part of the jurisdiction, at Rome,
of the praetor, and in the provinces of their governors and of
the proconsul's legate. 2 Having shown what magistrates can
take cognizance of this subject, let us see what persons are
liable to be accused on suspicion. All guardians are liable,
whether appointed by testament or otherwise; consequently
even a statutory guardian may be made the object of such an
accusation. But what is to be said of a patron guardian? Even
here we must reply that he too is liable; though we must re-
member that his reputation must be spared in the event of his
removal on suspicion. 3 The next point is to see what persons
may bring this accusation; and it is to be observed that the
action partakes of a public character, that is to say, is open
to all. Indeed, by a rescript of Severus and Antoninus even
women are made competent to bring it, but only those who
can allege a close tie of affection as their motive; for instance,
a mother, nurse, grandmother, or sister. And the praetor
will allow any woman to prefer the accusation in whom he
finds an affection real enough to induce her to save a pupil
from suffering harm, without seeming to be more forward
than becomes her sex. 4 Persons below the age of puberty
cannot accuse their guardians on suspicion; but by a rescript