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Ane minor beand past sevin zeiris of age, sould not be in the keiping of his mother thairefter; because his tutor, gif the pupill have allanerlie blanche landis, and the tutor be not narrest to succeid to him, sould have the keiping of his per. Soun, togidder with his tour, fortalice and manor-place, gif ony he hes, until his age of xiiij. zeiris compleit, except the tutor do dilapidat and waist the said pupil's gudis and geir; for he, beand a manifest abuser and waister thairof, sall not have his persoun in keiping; and it is to wit, that the tutor dative has the keiping of the pupill, and is preferrit thairintill to the narrest kinnisman, as to the father brother; bot the pupil's persoun sould not be in the keiping and custodie of the tutor, gif the tutor be narrest to succeid to him, or gif he has movit ony action or pley aganis him, tending ony wayis to the depriving him of his heritage or landis.
Balfour, p. 337.
*** The names of other cases are here given by Balfour, by which these propositions had been ascertained; viz. 1551, February 18, George Clepan against the Laird of Weymis; 1561, March 29, June 7, James Spalding against James Fleshour; 1548, May 16, Johne Crawfurd against Elizabeth Hunter.
