of Severus and Antoninus it has been permitted to those who
have reached that age to deal thus with their curators, after
taking the advice of their nearest relations. 5 A guardian is
‘suspected' who does not faithfully discharge his tutorial func-
tions, though he may be perfectly solvent, as was the opinion
also of Julian. Indeed, Julian writes that a guardian may be
removed on suspicion before he commences his administration,
and a constitution has been issued in accordance with this view.
6 A person removed from office on suspicion incurs infamy
if his offence was fraud, but not if it was merely negligence.
7 As Papinian held, on a person being accused on suspicion
he is suspended from the administration until the action is
decided. 8 If a guardian or curator who is accused on sus-
picion dies after the commencement of the action, but before
it has been decided, the action is thereby extinguished; 9 and
if a guardian fails to appear to a summons of which the object
is to fix by judicial order a certain rate of maintenance for the
pupil, the rescript of the Emperors Severus and Antoninus
provides that the pupil may be put in possession of the guard-
ian's property, and orders the sale of the perishable portions
thereof after appointment of a curator. Consequently, a guard-
ian may be removed as suspected who does not provide his
pupil with sufficient maintenance. 10 If, on the other hand,
the guardian appears, and alleges that the pupil's property
is too inconsiderable to admit of maintenance being decreed,
and it is shown that the allegation is false, the proper course
is for him to be sent for punishment to the prefect of the city,
like those who purchase a guardianship with bribery. 11 So
too a freedman, convicted of having acted fraudulently as
guardian of the sons or grandsons of his patron, should be