n is discharged from the 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 originated 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 remember 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 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 functions, 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 suspicion dies after the
commencement