Sir David Falconer of Newton, Midlothian (1640

Edinburgh Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...

Midlothian Midlothian (; ) is registration county, lieutenancy areas of Scotland, lieutenancy area and one of 32 council areas of Scotland used for local government. Midlothian lies in the east-central Lowlands, bordering the City of Edinburgh council ar ...

, 15 December 1685) was a Scottish judge.

Biography

He was the second son of Sir David Falconer of Glenfarquhar, one of the Commissaries of Edinburgh, and the former Margaret Hepburn, and younger brother of Sir Alexander Falconer of Glenfarquhar. His paternal grandfather was a brother of Sir Alexander Falconer, the 1st Lord Falconer of Halkerton. He studied Law under his father, and having passed

advocate An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...

on 3 July 1661, was afterwards appointed one of the commissaries of Edinburgh, and was knighted. On 24 May 1676, he was nominated a Lord of Session, and on 2 March 1678, was admitted a Lord of Justiciary. On 5 June 1682, he was appointed

Lord President of the Court of Session The Lord President of the Court of Session and Lord Justice General () is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. ...

, and in the parliament of 1685 he represented the County of Forfar. He was elected a Lord of the Articles, and a member of three commissions then appointed; one for trade, another for the plantation of kirks, and a third for the regulation of inferior judicatories. Falconer collected the decisions of the

Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...

from November 1681 to 9 December 1685, when he ceased to sit in court. They were published in 1705 by John Spottiswood. He died at Edinburgh, after a short illness, on 15 December 1685, and was buried in

Greyfriars Kirkyard Greyfriars Kirkyard is the graveyard surrounding Greyfriars Kirk in Edinburgh, Scotland. It is located at the southern edge of the Old Town, Edinburgh, Old Town, adjacent to George Heriot's School. Burials have been taking place since the late 1 ...

,Monuments and monumental inscriptions in Scotland: The Grampian Society, 1871 where a monument was erected to his memory. The monument stands on the outer north-east corner of the church. Sir Alexander, second baronet and fourth lord, died without issue, 17 March 1727, when the baronetcy is presumed to have become extinct. By his wife Anne, (only child of John, 9th Lord Lindsay of the Byres) he had a daughter Agnes (She married George Ogilvy, 2nd Lord Banff). The title of 5th Lord Falconer of Halkertoun devolved on David Falconer A son named Alexander. His daughter, Catherine Falconer, married Joseph

Home A home, or domicile, is a space used as a permanent or semi-permanent residence for one or more human occupants, and sometimes various companion animals. Homes provide sheltered spaces, for instance rooms, where domestic activity can be p ...

Chirnside Chirnside is a hillside village in Berwickshire, Scotland, west of Berwick-upon-Tweed, and east of Duns, Scottish Borders, Duns. Church The parish church at Chirnside dates from the 12th century. It was substantially rebuilt in 1878 and ...

in the County of Berwick, an advocate of Ninewells, and was the mother of

David Hume David Hume (; born David Home; – 25 August 1776) was a Scottish philosopher, historian, economist, and essayist who was best known for his highly influential system of empiricism, philosophical scepticism and metaphysical naturalism. Beg ...

the philosopher and historian.

References

* * ''The Scottish Nation, or the Surnames, Families, Literature, Honours and Biographical History of The People of Scotland'', William Anderson, 1863 {{DEFAULTSORT:Falconer, David 1640 births 1685 deaths Senators of the College of Justice Lords President of the Court of Session Place of birth missing Date of birth unknown Shire Commissioners to the Parliament of Scotland Members of the Parliament of Scotland 1685–1686 Burials at Greyfriars Kirkyard