Master Alexander Livingston of Phildes and Dunipace, 2nd of Dunipace

Master Alexander Livingston of Phildes and Dunipace appears to have obtained his degree of Licentiate or Master of Arts at the University of St. Andrews in 1507; and he is stated in a crown charter, dated Dec. 14, 1521, to be the son of Alexander Livingston of Dunipace and his spouse, Alison Gourlay. In a legal protest executed by him on Jan. 14, 1516-17, he is styled 'son and heir of Alexander Livingston of Dunipace,' which shows his elder brother David had been disinherited, so far at least as the estate of Dunipace was concerned, before this date. This Master Alexander Livingston of Phildes was a man of marked ability, and as early as Feb. 1513-14, and during his father's lifetime, he had been appointed join arbitrator with William Livingston of Kilsyth to settle a family dispute which had arisen between the chief of his House, William, 4th Lord Livingston of Callendar, and the latter's eldest son and heir, Alexander Livingston, 'fear of the barony of Calentar.' He was the first member of his family, also during the lifetime of his father, to obtain from the crown the restoration of the forfeited ancestral estate of Feldes or Phildes in Perthsire. For in a charter under the Great Seal, granted by Kin James the 5th at his palace of Falkland on Jan. 13, 1516-17, these lands, which had been resigned to the crown by their late owner, Master David Spens, Rector of Flisk, were now conferred on Master Alexander, son to Alexander Livingston of Dunipace. In the accounts of the Lord High Treasurer for the above year occurs an entry of 6 pounds charged against Master Alexander, as the feudal fee for the new infeftment of this estate in his favour.

After his marriage to Elizabeth Hepburn, the kind confirmed afresh the lands of Phildes to him and his wife in conjunct infeftment, and to their legitimate heirs, by a charter dated July 24, 1525; and in June 1542 he and his wife granted this estate to the Prior and Convent of the Predicant Friars of St. Andrews, but before the 8th of May 1552 they had regained possession on allowing the convent the annual sum of 20 pounds out of these lands. This last transaction was duly confirmed by Queen Mary, or rather in her name, as the little queen was at this date in France, whereupon these lands were now settled on Master Alexander in liferent, and on his son and heir John and the latter's spouse, Margaret Elphinstone, in fee, by a crown charter dated May 8, 1552. It is in this charter that the earliest Alexander Livingston to own these lands is referred to as the 'avus' of Master Alexander Livingston. On July 10, 1545 his name is included in the list of those Livingston vassals who were specially exempted, by an order of the Privy Council, from serving in the army then being raised to resist the threatened English invasion, as they were wanted instead to guard the infant queen, then in the keepership of Lords Erskine and Livingston, at the Castle of Stirling; and in consequence he was not presentat the battle of Pinkie fought two years later. On account of his 'absence from the army at Pinkiecleuch' he had to obtain in later years (Sept. 15, 1548 and Jan. 3, 1553-4) two 'remissions' in his favour from Queen Mary's government.

On Feb. 8, 1548-9 he had conferred on him a Commission of Justiciary, for, having adopted the law for a profession, he had risen rapidly, and a few months later (Jan. 26, 1549-50) he was appointed to the important office of Director of Chancery and Keeper of the Quarter Seal; and during the same year he was still further promoted to be an Extraordinary Lord of Session, when he took the title of Lord Dunipace. In the year 1555 the town of Stirling was violently agitated over a vindictive feud between the families of Livingston and Craigingelt, arising out of their rival claims to the provostship of this royal burgh. For two years in succession (1553-4 and 1554-5) Henry Livingston of Falkirk had been elected to fill this office, which so incensed the adherents of the rival claimant, the laird of Craigingelt, that this feud developed into an open fight between the followers of Henry Livingston and those of John Craigingelt of that ilk. The Livingstons gaining the upper hand, celebrated their victory by cutting off the left arms of their two principal opponents, those of John Craigingelt and his eldest son Robert. On account of this barbaric act of vengeance, Lord Dunipace, acting in his judicial office, and not as a principal in this outrage, on Nov. 26, in ths year, 'found William Lord Livingston as surety for their (the accused parties) entry at the next Justice-aire of Stirling, to underly the law for art and part of the mutilation of John Cragyngelt of that Ilk, and Robert his son, of their left arms, committed within the burgh of Stirling on Aug. 21 last.' A few weeks later (Jan 8, 1555-6) Lord Dunipace himself became surety for Henry Livingston in Falkirk, William and Thomas his sons, and his three servants for the same offence. The culprits seem to have escaped punishment, probably owing to the fact that the Livingstons at this period were all-powerful in the county of Stirling; and the feud, apparently on the admonition of the regent, Mary of Lorraine, who was greatly shocked at this state of affairs in the royal burgh of Stirling, proceeded no further.

In Aug. 1560 Lord Dunipace attended the Convention of Estats as one of the minor barons, and he is said to have supported the Reformed party in their abolition of the Catholic religion in Scotland, which is very likely, as his feudal chief, William, 6th Lord Livingston, was one of the Lords of the Congregation.

Alexander married before July 1525 to Elizabeth Hepburn, a daughter of Sir Adam Hepburn who had fallen at Battle of Flodden (September 9, 1513).

Alexander and Elizabeth had the following children:

• James Livingston (d.s.p.)
• John Livingston who succeeded to Dunipace and married Margaret Elphistone
• Janet Livingston who married first to John Leighton of Ullshaven and second to Robert Bruce
• Margaret Livingston who married John Strachan of Thornton
• Thomas Livingston
• William Livingston

Alexander Livingston also had four "natural" sons who are referred to in Charters of the years 1525, 1530 and 1542. It appears that Alexander and the unknown mother(s) of these children didn't bother to undertake the formality of a church ceremony:

• John Livingston
• Laurence Livingston
• Matthew Livingston
• Thomas Livingston, founder of the Livingstons of Kirkland and Airth

The last named seems to have been his father's favourite, and he was the founder of the cadet line of the Livingstons of the Kirklands of Dunipace, or "of Kirland,' which was the designation mostly used by this brance of the House of Dunipace.

At this period it must be borne in mind, as also during mediaeval times, no social stigma attached to the natural offspring of the nobility and gentry. Natural sons certainly could not inherit titles or entailed estates, but titles and estates could and were often bestowed on them. They inheritated the family surname, and also the paternal coat of arms, the latter with a difference to denote illegitmacy, which, however, was often omitted from their arms.

Biographical Summary

"Mr Alexander Livingstone, second of Dunipace, seems to have been a man of considerable ability, and rose to a higher official position than any other member of the family. Choosing law as his profession, he was made Director of the Chancery in 1549, and an Extraordinary Lord of Session in 1550, when he took the title of Lord Dunipace. In the charter before alluded to - 14th April, 1525 - there is provision that in the event of failure of his own lawful descendants and those of his nephew, Alexander Livingstone of Bantaskine, his natural sons, who are named, and their descendants, are to succeed, whom failing, then Alexander, Lord Livingstone of Callendar. In 1552, he had confirmation of a charter under the Great Seal of the lands of Philde, Perthshire, and in this charter we get proof of his descent from the forfeited Alexander Livingstone of Philde, who is therein designed avus of the said Alexander Livingstone of Dunipace. Then, as now, people who lived an orderly, steady life, doing their duty in an honest, quiet way, had the reward of leaving no history behind them. If the Register of the Privy Council, or Pitcairn's Criminal Trials leave out a name out of their indices, a man may be said to have passed through life tolerably free from scathe. The Dunipace Livingstones have more than their fair share of space in these books, and while in them the antiquary or genealogist rejoices when he tracks down a brother-german, or some other link in a pedigree, not greatly taking to heart the offences which won the unfortunate individual an inglorious immortality, many, more immediately concerned, must often wish the names of their ancestors blotted out from these records. We gather that the Livingstones were a high-mettled race, of quick, fiery temper. Even the name of this respectable Lord of Session finds its way into Pitcairn's Criminal Trials - not as a judge! Under date 26th November, 1555, Mr Alexander Livingstone of Dunipace, found William, Lord Livingstone, as surety for him to underly the law for art and part of the mutilation of the laird of Craigengelt and his son, of their left arms, within the Burgh of Stirling. We shall require frequently to these books in treating of other members of the family...

...Lord Dunipace married, before 1525, Margaret Hepburn, daughter of Sir Adam Hepburn of Crags (or Craggis), second son of Adam, Master of Hailes. By her he had, besides other children, a son, James, who died circa 1531, without issue, John, who succeeded him, and Thomas. In 1560, Lord Dunipace attended the Convention of Estates as one of the lessor barons. He supported the Reformation, but died in November of this year."

SOURCE: Lands and lairds of Larbert and Dunipace parishes, published 1908, page 90

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Alexander Livingston of Dunipace, the first member of the Livingston family to possess the lands of Dunipace in Stirlingshire, was evidently a grandson of the Alexander Livingston of Feldes or Phildes in Perthshire, who had been executed on the Castle Hill, Edinburgh on Jan. 21, 1449-50, for the alleged crime of high treason. That the Livingstons of Dunipace were descended from the attainted Alexander Livingston of Phildes is proved by a crown charter, dated May 8, 1552, in which it is stated that Master Alexander Livingston, the then owner of Dunipace, was to hold the lands of Phildes, as the late Alexander Livingston, his ancestor (avus), had held the said lands.
This estate, which had been conferred on Alexander Napier Mar. 1449-50 had been restored to the Livingstons before Dec. 25, 1466, as on that latter date a charter of these lands had been granted under the Great Seal to William, first Lord Monypenny, on the resignation of James, 1st Lord Livingston.

Alexander, the first of Dunipace, obtained a charter of the lands of Dunipace (Nov. 20, 1495) from the Abbot of Cambuskenneth, which charter was confirmed by Pope Alexander II by a commission executed at Rome on April 5, 1496. As a member of an inquest on the lands of Carnock and Plane, Stirlingshire, held on Feb. 19, 1499-1500, he is designated "Alexander Livingston of Dunipace.' He soon added to his landed posessions, for on Dec. 1506 he became the owner of two parts of the lands of Seybeggis with the mill; while a few weeks later (Feb. 10, 1506-7) he obtained a charter from Robert Kincaid of the estate of Pettintoskane or Bantaskine; and on april 12 in the latter year, his kinsman James Livingston of Manerstoun sold to him his lands of Plane. He also obtained sasine of the lands of Castlerankine, etc, in the barony of Herbertshire on May 12, 1512....all these properties being situated in the county of Stirling. In a decreet, dated July 20, 1501, he is mentioned as one of the procurators and commissioners for the burgh and community of Stirling; and for some years (1521-1530) he was a member of the town council. As a burgess of that town he formed one of the assize on the trial of Robert Monteith, on Oct. 16, 1525. Alexander, 1st of Dunipace, and his wife, Alison Gourlay, were both alived in May 1531.

bye his first wife, name unknown he had David Livingston of Bantaskine, who as the eldest son should have inherited the estate of Dunipace, but who had instead the lands of Bantaskine settled on him by his father. He was the ancestor of the Livingstons of Bantaskine. David died during his father's lifetime, before April 1525, leaving by his wife, Margaret Shaw, a son Alexander, who succeeded to the estate of Bantaskine.

Alexander married 2nd Alison Gourlay by whom he had Master Alexander of Phildes, who succeeded to Dunipace on the death of his father.