The custody of the pupil's person during ward, did of old belong to the superior or his donatar, not to the tutor.
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The said day the Laird of Achans, tutor testamentar to the bairns of the Laird of Haining, desired the Lord Livingston to be decerned by decree of the Lords, to deliver to him as tutor foresaid the bairns in keeping. The Lord alleged that the keeping of them to their perfect age, pertained to the King, to whom their waird and vicarage pertained, whose Grace had disponed the same to him, and there throw the keeping of the bairns pertained to him, ut habet in regia majestate de hæsredum minorum custodia; and conform to this municipal, the Lords decerned the saids bairns and heirs keeping to pertain to the said L. Livingston.
