Sir John Preston, Lord Fentonbarns (died 1616), of

Penicuik Penicuik ( ; sco, Penicuik; gd, Peighinn na Cuthaig) is a town and former burgh in Midlothian, Scotland, lying on the west bank of the River North Esk. It lies on the A701 midway between Edinburgh and Peebles, east of the Pentland Hills. Na ...

, was a Scottish lawyer and judge who became

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 ...

Life

He was the son of a burgess, town councillor, and

dean of guild A Dean of Guild, under Scots law, was one of a group of burgh magistrates who, in later years, had the care of buildings. The leader of the group was known as Lord Dean of Guild. Originally, the post was held by the head of the Guild brethren o ...

in Edinburgh. John Preston was admitted advocate at the

Scottish bar The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constitu ...

before 20 October 1575. He frequently appeared in cases before the

privy council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...

. On 8 March 1595 he was elected an

ordinary lord of session A Lord Ordinary is any judge in the Outer House of the Scottish Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the H ...

. Preston's attendance at the

Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...

on 24 November 1596. The same year he was, along with

Edward Bruce Edward Bruce, Earl of Carrick ( Norman French: ; mga, Edubard a Briuis; Modern Scottish Gaelic: gd, Eideard or ; – 14 October 1318), was a younger brother of Robert the Bruce, King of Scots. He supported his brother in the 1306–1314 st ...

, named king's commissioner to the general assembly of the kirk. Several further royal commissions followed. He was a member of a committee of lawyers and ministers including John Russell,

Robert Rollock Robert Rollock (c. 15558 or 9 February 1599) was Scottish academic and minister in the Church of Scotland, and the first regent and first principal of the University of Edinburgh. Born into a noble family, he distinguished himself during ...

and the Provost

Henry Nisbet Henry Nisbet of Dean (floruit 1570–1608) was a Scottish merchant and Provost of Edinburgh. Life Nisbet was a textile merchant and clothier. In 1587 he supplied the French ambassador Monsieur de Courcelles with violet crimson cloth for his at ...

who drew up a syllabus for the

University of Edinburgh The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in 15 ...

in July 1598 including readings from Latin authors. A letter from

James VI James is a common English language surname and given name: *James (name), the typically masculine first name James * James (surname), various people with the last name James James or James City may also refer to: People * King James (disambiguat ...

of June 1599 mentions his involvement in crown finance. The King had instructed him to repay a sum of money advanced on the security of some of the

jewels of Anne of Denmark The jewels of Anne of Denmark (1572–1619), wife of James VI and I and queen consort of Scotland and England, are known from accounts and inventories, and their depiction in portraits by artists including Paul van Somer. A few pieces survive. Som ...

to the goldsmith and financier

George Heriot George Heriot (15 June 1563 – 12 February 1624) was a Scottish goldsmith and philanthropist. He is chiefly remembered today as the founder of George Heriot's School, a large independent school in Edinburgh; his name has also been given to H ...

. Preston however, had reserved the money for the costs of an embassy to France. On 2 October 1601 he was named one of eight commissioners to assist the

treasurer A treasurer is the person responsible for running the treasury of an organization. The significant core functions of a corporate treasurer include cash and liquidity management, risk management, and corporate finance. Government The treasury o ...

in the administration of his office. In recognition of his services

, on 10 February 1602, conceded to him and his wife, Lilias Gilbert, the lands of Guthrie in

Midlothian Midlothian (; gd, Meadhan Lodainn) is a historic county, registration county, 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, ...

, and on 30 March 1604 the lands of Penicuik with others lands in the same shire. As a member of the Privy Council, Preston went with others to

Stirling Castle Stirling Castle, located in Stirling, is one of the largest and most important castles in Scotland, both historically and architecturally. The castle sits atop Castle Hill, an intrusive crag, which forms part of the Stirling Sill geological ...

in May 1603 to discuss and investigate a controversy involving

Anne of Denmark Anne of Denmark (; 12 December 1574 – 2 March 1619) was the wife of King James VI and I; as such, she was Queen of Scotland The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional fo ...

who wished to take custody of her son,

Prince Henry Prince Henry (or Prince Harry) may refer to: People *Henry the Young King (1155–1183), son of Henry II of England, who was crowned king but predeceased his father *Prince Henry the Navigator of Portugal (1394–1460) *Henry, Duke of Cornwall (Ja ...

. Preston was one of the assessors at the trial in 1606 of the ministers concerned in holding the

Aberdeen assembly The disastrous General Assembly of Aberdeen was held in 1605. A few ministers of the Presbyterian party met in defiance of royal authority as the general assembly was prohibited by royal proclamation. There was doubt about the legality of the se ...

. He was elected vice-president of the

court of session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...

on 23 October 1607, to act in the absence of

Lord Balmerino The title of Lord Balmerino (or Balmerinoch) was a title in the Peerage of Scotland; it was created in 1606 and forfeited in 1746 on the attainder and execution of the 6th Lord Balmerino in the Tower of London. The title of Lord Coupar or Cupar w ...

, the president; was one of the assessors at the trial of Balmerino in 1608; and, on Balmerino's removal from the presidency, was, on 6 June 1609, chosen to succeed him. About the end of April 1611 Preston was appointed one of a council of eight—the New Octavians—in whom the financial offices of the treasurership, the collectorship, and the comptrollership were vested. He died on 14 June 1616.

Family

By his wife, Lilias Gilbert, daughter of the goldsmith

Michael Gilbert Michael Francis Gilbert (17 July 1912 – 8 February 2006) was an English solicitor and author of crime fiction. Early life and education Gilbert was born on 17 July 1912 in Billinghay, Lincolnshire, England to Bernard Samuel Gilbert, a writ ...

, Preston left a son

John John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second ...

, on whom a baronetcy of Nova Scotia was conferred in 1628. By his marriage to Elizabeth, daughter of William Turnbull, the younger John Preston became possessor of the lands of Auchie,

Fife Fife (, ; gd, Fìobha, ; sco, Fife) is a council area, historic county, registration county and lieutenancy area of Scotland. It is situated between the Firth of Tay and the Firth of Forth, with inland boundaries with Perth and Kinross (i ...

, on which a mansion-house was erected, named Prestonhall. The baronetcy is now extinct. His daughter Katherine married John Morison, Treasurer of the City of Edinburgh, and they were parents to

Alexander Morison, Lord Prestongrange Alexander Morison (or Morrison), Lord Prestongrange (1579–1631) was a 17th-century Scottish judge, Senator of the College of Justice and Lord President of the Court of Session. Life He was the son of John Morison of Saughtonhall (1558–161 ...

Notes

;Attribution {{DEFAULTSORT:Preston, John 1616 deaths Members of the Faculty of Advocates Lords President of the Court of Session Octavians People from Midlothian Senators of the College of Justice Year of birth missing