[MODESTINUS libro sexto excusationum. ] §26.3.1.prΙνα μηδὲ περὶ τῶν βεβαιωθῆναι δυναμένων ἐπιτρόπων παραλείπωμεν, βραχέα καὶ περὶ τούτων σκεψώμεθα.
[MODESTINUS, from the sixth book on excuses.] Lest we should omit to mention also those tutors who can be confirmed, let us briefly consider them too.
§26.3.1.1Εἰσι τινες οἱ διδόμενοι ὀρθῶσ κατὰ διαθήκας ἐπίτροποι, τουτ᾽ ἔστι καὶ ὑφ᾽ ὧν ἔχρην καὶ οἷς ἔχρην καὶ ὃν τρόπον ἔχρην καὶ ὅπου ἔχρην.
There are some tutors who are appointed lawfully by wills, that is to say, both by those whom it behoved, and to those whom it behoved, and in the manner it behoved, and where it behoved.
πατὴρ γὰρ υἱοῖς ἢ ἐκγόνοις, οἷς ἔχει ἐν ἐξουσίᾳ, ὀρθῶς δίδωσιν ἐπίτροπον ἀλλ' ἐν διαθήκῃ.
For a father lawfully appoints a tutor for his sons or descendants whom he has in his power, but in a will.
ἐὰν δὲ ἧ πρόσωπον τοιοῦτον ό μὴ δύναται, οἶον μήτηρ ἢ πάτρων ἢ ἀλλότριός τις, ἢ πρόσωπον ὃ μὴ δύναται δοῦναι, οἷον πατὴρ γιῷ τῷ μὴ ὄντι ἐν ἐξουσίᾳ ἢ θυγατρί, ἢ ἐὰν εἴπῃ 'παρακαλῶ ἐπιμέλεσθαι τῶν πραγμάτων', ἢ ἐν κωδικίλλοις μὴ βεβαιωθεῖσι Δῷ ἐπίτροπον ἢ κουράτορα, τότε τὸ ἔνδέον ἀναπληροῦσθαι ἐκ τῆς τοῦ ὑπατικοῦ ἐξουσίας αἱ διατάξεις συνεχώρησαν καὶ κατὰ τὴν γνώμην βεβαιοῦσθαι τοὺς ἐπιτρόπους.
But if it is such a person as is not able, such as a mother, or a patron, or some stranger, or a person to whom he cannot appoint, such as a father to a son or daughter who is not in his power, or if he says "I entreat you to take care of the affairs," or appoints a tutor or curator in codicils that have not been confirmed, then the imperial constitutions have allowed the deficiency to be supplied by the authority of the consular official and the tutors to be confirmed in accordance with the intention.
§26.3.1.2Καὶ ἐὰν μὲν πατὴρ ἦ ὁ δεδωκώς, περαιτέρω οὐδὲν ὡς ἐπὶ τὸ πλεῖστον πολυπαγμονεῖ ὁ ἡγούμενος, ἀλλὰ ἁπλῶς αὐτὸν βεβαιοῖ· ἐὰν δὲ ἄλλος τις, τότε πολυπραγμονεῖ, τὸ πρόσωπον εἰ ἔστιν ἐπιτήδειον.
And if indeed the father is the one who appointed him, the governor for the most part inquires no further, but simply confirms him; but if it is anyone else, then he inquires whether the person is suitable.
§26.3.1.3Ἔτι εἰδέναι δεῖ ὅτι κουράτωρ κατὰ διαθήκας οὐδὲ ὑπὸ πατρὸς ὀρθῶς δίδοται, ἀλλὰ δοθεὶς εἴωθε βεβαιοῦσθαι ὑπὸ τοῦ ἡγουμένου.
Furthermore, one must know that a curator is not lawfully appointed by a will even by a father, but when appointed, he is customarily confirmed by the governor.