Procedure, 30 December 1701, Edinburgh

Att Edinburgh the Nynteinth day of June 1701

D1701/6/12

D1701/6/12¹

Act

Act Mr Michaell Livingstoun anent the Custodie of the Laird of Glentirran

Anent the petition given in to the Lords of his Majesties privie Councill By Mary Countes Douager of Callender Shewing That Sir Alexander Livingstoun of Glentirran haveing apponted Dam […] Borthwick his Relict Tutrix to his sone and Daughter She the said Relict Committed her sone to the Custodie and Education of Mr Michaell Livingstoun of Bataskine his Fathers Brother uterine Where his health is preserved and continued and his Education had care of to great advantage she the said Relict retained the Daughter with her self who lived but short while This Tutorie vaceing by the said Lady Her Maryeing […] Lyon of Carnse There is a Gift of Tutorie Dative obtained by the said Lyon of Carss wherin the Earle of Ruglen The heir Substitute to the pupill concurred with all his influence intrest and presence at the Bar The said Carss the tutor desyreing to take the custodie of the said Sir James Livingstoun now of Glentirran the oey and only Issew of Alexander Earle of Callendar The petitioners Dear Lord, from the said Mr Michaell Livingstoun Brother uterin to the said pupill his Father The petitioners cannot without ingratitude to Her Dear Lords Memorie and for preservation of his only issew But represent to the saids Lords That though the Lords of Exchequer gave ane Tutorie Dative to the said Cairss yet at the time it was understood by them that if the custodie of the pupill fall in question He the said Tutor could not have the custodie Because the Child hes been brade and brought up to the great advancement of his health and Advantage of his Education with the said Mr Micahell Livingstoun of Bataskine The chainge of the air and way of his education may make alteration in Both Secundo Wherever the Tutor hes intrest by the pupills death or the Advancer of the Tutor to his officer, naither of those causes The tutor never getts the custodie of the pupill And in this cise the Mother who is the Tutors Lady hes ane Additionall Joynture by the death of the pupill And the Earle of Ruglen who was at the greatest pains In obtaining this Tutorie to Carss is to succeed to the pupill upon his death Therfore Craveing The saids Lords to Discharge the Delivering of the said […] Livingstoun of Glentirran to the said Laird of Carss his Tutor And to ordain him to remain with the said Mr Michaell Livingstoun who may have satisfaction and pleasure by the life of so near a Religion But can have no Advantage but sorrow thor his death Being resolved to make him his heir haveing no Children of his oune As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the said Countes of Callender And Ansuers therto for Mr Patrick Lyon of Carss They have Discharged and heirby Discharges the Deliverie of the above Sir James Livingstoun of Glentirran pupill to the said Laird of Carss To his said Tutor And ordains him to remain with the said Mr Michaell Livingstoun