Sir David Falconer of Newton (1640

Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian on the southern shore of t ...

, Midlothian, 15 December 1685) was a Scottish judge.

Biography

He was the second son of Sir David Falconer of Glenfarquhar, one of the

Commissaries A commissary is a government official charged with oversight or an ecclesiastical official who exercises in special circumstances the jurisdiction of a bishop. In many countries, the term is used as an administrative or police title. It often c ...

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 The title Lord Falconer of Halkerton was created in the peerage of Scotland on 20 December 1646, for Sir Alexander Falconer, Lord of Session, with remainder to his heirs-male whatsoever. King Charles I granted Sir Alexander a yearly pension of � ...

. He studied Law under his father, and having passed advocate 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 The senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court of Session); ...

, and on 2 March 1678, was admitted a

Lord of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cour ...

. 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. The L ...

, and in the parliament of 1685 he represented the

County of Forfar Angus ( sco, Angus; gd, Aonghas) is one of the 32 local government council areas of Scotland, a registration county and a lieutenancy area. The council area borders Aberdeenshire, Dundee City and Perth and Kinross. Main industries include agri ...

. He was elected a

Lord of the Articles The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707. The parliament evolved during the early 13th century from the king's council of ...

, 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 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, adjacent to George Heriot's School. Burials have been taking place since the late 16th century, and a num ...

,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, 17th 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 George Ogilvy, 2nd Lord Banff (died March 1668) was member of the old Scottish Parliament, a feudal baron, and a Cavalier. Family The son of Sir George Ogilvy, 1st Lord Banff, and 1st Baronet (1627), by his spouse Janet, daughter of William S ...

). The title of 5th Lord Falconer of Halkertoun devolved on David Falconer A son named Alexander. His daughter, Catherine Falconer, married Joseph Home of Chirnside in the

County of Berwick Berwickshire ( gd, Siorrachd Bhearaig) is a historic county, registration county and lieutenancy area in south-eastern Scotland, on the English border. Berwickshire County Council existed from 1890 until 1975, when the area became part of th ...

, an advocate of

Ninewells Ninewells ( sco, Ninewells) is an area of Dundee, Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the so ...

, and was the mother of

David Hume David Hume (; born David Home; 7 May 1711 NS (26 April 1711 OS) – 25 August 1776) Cranston, Maurice, and Thomas Edmund Jessop. 2020 999br>David Hume" ''Encyclopædia Britannica''. Retrieved 18 May 2020. was a Scottish Enlightenment phil ...

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