9. If it is through enmity that the father appoints by testament any one as tutor, this circumstance itself will afford a sufficient excuse; just as, on the other hand, they who have promised the father of the pupils to fill the office of tutor, cannot be excused.
10. That the tutor was unknown to the father of a pupil is not of itself to be admitted as a sufficient excuse, as is decided by a rescript of the imperial brothers.
11. Enmity against the father of the pupil or adult, if of a deadly character, and no reconciliation has taken place, is usually considered as an excuse from being tutor or curator.
12. So, too, he whose status has been called in question by the father of the pupil, is excused from the office of tutor.
Prohibited from aspiring
13. Persons above seventy years of age may be excused from being tutors of curators. Persons under the age of twenty-five were formerly excused, but, by our constitutio, they are now prohibited from aspiring to these offices, so that excuses are become unnecessary. This constitutio provides that neither pupils nor adults shall be called to a legal tutelage.
For it is absurd that persons who are themselves governed, and are known to need assistance in the administration of their own affairs, should become the tutors or curators of others.
14. The same rule holds good also as to military persons. They cannot, even though they wish it, be admitted to the office of tutor or curator.
15. Grammarians, rhetoricians, and physicians at Rome, and those who exercise such professions in their own country, and are within the number authorized, are exempted from being tutors or curators.
16. If a person wishes to excuse himself, and has several excuses, even supposing some are not admitted, there is nothing to prevent him employing others, providing he does so within the prescribed time.
Those who wish to excuse themselves are not to appeal, but whatever kind of tutors they may be, that is, however they may have been appointed, must offer their excuses within the fifty days next after they have known of their appointment, if they are within a hundred miles of the place when they were appointed. If they are at a greater distance they are allowed a day for every twenty miles, and thirty days besides; but the time should, as Scaevola said, be so calculated as never to be less than fifty days in the whole.
17. The tutor who is appointed is considered as appointed for the whole patrimony.
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