IdemAugustusJulianoP. P. Decreationibuscuratorum, qvifuriosisutriusquesexusdantur, necessariumnobisVisumestconatituerequemadmodumeascelebrarioporteat. Et, siquidempatercuratoremfuriosovelfuriosæinultimoelogiohæredibusinstitutisvelexhaeredatisdederit, ubietfidejussionemcessareneCesseest, paternotestimonioproejassatisdationesufficiente, ipsequidatusestadcurationemperveniat:
The same Augustus to Julian, Praetorian Prefect. Concerning the appointment of curators who are given to the insane (furiosi) of either sex, it has seemed necessary to us to establish in what manner they ought to be made. And if indeed a father has, in his final testament, given a curator to an insane son or daughter — the heirs being instituted or disinherited, in which case the giving of surety (fidejussio) also must cease, the paternal testimony being sufficient in place of his guarantee (satisdatio) — let the very one who has been appointed enter upon the curatorship:
yet on this condition: that in the provinces, before their governors, in the presence both of the most religious prelate of the place and of three leading men (primates), the proceedings being recorded and the most sacred Scriptures being touched, he shall declare that he will manage all things rightly and to the advantage of the insane person, neither omitting those things which he judges to be useful to the insane, nor admitting those which he deems not useful to him; and, an inventory having been drawn up publicly with all exactness, let him take up the property and dispose of it according to his judgement, under the mortgage (hypotheca) of the goods belonging to him, after the likeness of the guardians (tutores) and curators of a minor of full age.
But if the parent has not made a will, and the law has called a curator, as being an agnate, or — this one failing, or perhaps not proving suitable — it has become necessary to give him a curator by judicial choice, then indeed in the provinces the appointment shall proceed before the governors of whatever province, and the most religious bishop of the city, as well as three leading men; in such wise that, if the curator possesses suitable property and sufficient to warrant his administration, the appointment shall proceed without any surety. But if no such estate of his is found, then surety also, as far as is possible, shall be required of him; the appointment being in every case made entirely with the most sacred Scriptures set before them;
the curator himself, of whatever property or rank he may be, taking the aforesaid oath that he will manage the affairs profitably, and drawing up an inventory publicly; and the mortgage of the curator's property being in every way to be applied, so that the affairs of the insane person may be administered profitably on every side. Given on the Kalends of September, at Constantinople, in the consulship of Lampadius and Orestes, most distinguished men, 530.