11 March 1483

Judicial proceeding: extract act of lords auditors

In our sovereign lord's parliament held at Edinburgh on 11 March 1482 [1483], the lords auditors of causes and complaints, chosen by the three estates in the said parliament noted below, that is to say, for the prelates reverend and venerable fathers in God William [Elphinstone], bishop-elect of Ross, George [Shaw], abbot of Paisley; for the barons a noble lord Laurence [Oliphant], lord Oliphant, John of Drummond of Stobhall and Sir William of Knollis, preceptor of Torphichen; and for the burgh commissioners John Napier of Merchiston, Master Richard Lawson and Alexander Menzies, in the action and cause pursued by James [Livingston], lord Livingston, and Master David Livingston, parson of Ayr, his curator, on the one part, against Thomas [Erskine], lord Erskine, sheriff of Stirling, on the other part, for the wrongful and improper proceeding in the serving of a brieve of inquest purchased by William of Livingston, the son and heir of the late Edward Livingston of Kilsyth, for the lands of Lastiltoune and Balmalloch, because the said sheriff was suspected of affinity between him and the said William, pursuer of the said brieve, and that the said William had married the sheriff's niece, for which reason he was legally suspect, as was alleged, and because the said sheriff put on the said inquest three or four different persons who were legally suspect of to the party pursuer, both the said parties being present in person, their reasons and allegations heard and understood at length, the lords auditors decree and deliver that the said sheriff has proceeded improperly in the serving of the said brieve because after he was objected to and suspected of the aforementioned reason, he would not cease from serving the said brieve, and also because he put on the said inquest David Graham, who is the said William's brother-in-law, and William Livingston who was the said late Edward's brother, after it was objected against them, and ordain their precepts of sasine and all that followed on the aforementioned lands alone to be of no value, force or effect in the future. Dated and extracted from the book of the acts of parliament by me Robert Colville, depute for the honourable man lord Alexander Scott, parson of Wigtown, clerk of the rolls and register and council of our supreme lord king under my sign and signature

Robert Colville

  1. NAS, PA7/23/1. On paper. A 19th-century copy of this act is to be found in PA2/3, placed between f.35v and 36r. Back
  2. Deleted - 'of the law'. Back