Lauder was born in Edinburgh, the eldest son, by his second marriage, of Sir John Lauder, 1st Baronet, whom he succeeded after much acrimony. He was educated at the High School and the University of Edinburgh graduating, with an M.A., on 18 July 1664. He then went to the Continent, partly with the view of studying law there. After some travels, he lived at Poitiers from 28 July 1665 till 24 April 1666, following which he proceeded to Paris, Brussels, Antwerp, and Leyden, Holland, where he matriculated at Leiden University on 27 September 1666.[1]
Lord Fountainhall was admitted as an Advocate on 5 June 1668, and was counsel for the Earl of Argyll at his trial, 12 & 13 December 1681, and was also one of the advocates chosen by the Duchess of Monmouth to defend her interests during her husband's trial on 15 February 1686. He was called to the Bench on 1 November 1689 as a Lord Ordinary in the Court of Session with the title Lord Fountainhall. He was appointed on 27 January 1690 a Lord of Justiciary, which he resigned after the Union of parliaments, which he had opposed.
In 1692 he was offered the post of Lord Advocate but declined because the condition was attached that he should not prosecute the persons implicated in the Glencoe Massacre. Sir George Mackenzie, who had been Lord Advocate under King Charles II, also refused to concur in this partial application of the penal laws, and his refusal (unlike Fountainhall's) led to his temporary disgrace.
Sir John was a Justice of the Peace for Haddingtonshire in 1683 and a Burgess of Edinburgh (2 November 1687). He was the Commissioner for Haddingtonshire in Parliament (1685–86, 1690-1707), and spoke several times against the Union.
Lord Fountainhall left a large collection of legal opinions and papers, including some that record Court of Session proceedings from 1678 to 1712, which also note the transactions of the Privy Council of Scotland, and those of the Courts of Justiciary and Exchequer, works compiled with anecdotes of the times and much characteristic ingenuity of observation, to which professional lawyers still turn today.
Lauder was born in Edinburgh, the eldest son, by his second marriage, of Sir John Lauder, 1st Baronet, whom he succeeded after much acrimony. He was educated at the High School and the University of Edinburgh graduating, with an M.A., on 18 July 1664. He then went to the Continent, partly with the view of studying law there. After some travels, he lived at Poitiers from 28 July 1665 till 24 April 1666, following which he proceeded to Paris, Brussels, Antwerp, and Leyden, Holland, where he matriculated at Leiden University on 27 September 1666.[1]
Lord Fountainhall was admitted as an Advocate on 5 June 1668, and was counsel for the Earl of Argyll at his trial, 12 & 13 December 1681, and was also one of the advocates chosen by the Duchess of Monmouth to defend her interests during her husband's trial on 15 February 1686. He was called to the Bench on 1 November 1689 as a Lord Ordinary in the Court of Session with the title Lord Fountainhall. He was appointed on 27 January 1690 a Lord of Justiciary, which he resigned after the Union of parliaments, which he had opposed.
In 1692 he was offered the post of Lord Advocate but declined because the condition was attached that he should not prosecute the persons implicated in the Glencoe Massacre. Sir George Mackenzie, who had been Lord Advocate under King Charles II, also refused to concur in this partial application of the penal laws, and his refusal (unlike Fountainhall's) led to his temporary disgrace.
Sir John was a Justice of the Peace for Haddingtonshire in 1683 and a Burgess of Edinburgh (2 November 1687). He was the Commissioner for Haddingtonshire in Parliament (1685–86, 1690-1707), and spoke several times against the Union.
Lord Fountainhall left a large collection of legal opinions and papers, including some that record Court of Session proceedings from 1678 to 1712, which also note the transactions of the Privy Council of Scotland, and those of the Courts of Justiciary and Exchequer, works compiled with anecdotes of the times and much characteristic ingenuity of observation, to which professional lawyers still turn today.
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