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John Lauder, Lord Fountainhall


Sir John Lauder of Fountainhall, 2nd Baronet, Lord Fountainhall (baptised 2 August 1646 – 20 September 1722) was one of Scotland's leading jurists who remains to this day an oft consulted authority. He was knighted in 1680 and matriculated his Arms with the Lyon Court on 15 June 1699.

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.

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.


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