Sir David Falconer
Encyclopedia
Sir David Falconer, of Newton, (164015 December 1685) was a Scottish judge.

The second son of Sir David Falconer of Glenfarquhar, one of the commissaries
Commissary Court
The term Commissary Court is in use in Scots law and in the Church of England.-Scots law:At the Scottish Reformation in 1560, the system of consistorial courts where bishops exercised their civil jurisdiction over executry and matrimonial cases broke down. This led to such confusion that Commissary...

 of Edinburgh, and younger brother of Sir Alexander Falconer of Glenfarquhar. He studied the law under his father, and having passed advocate
Faculty of Advocates
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...

 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
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...

, 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
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....

 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
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 number of notable Edinburgh residents are interred at...

, where a monument was erected to his memory.

His eldest son, David, became fifth Lord Falconer of Halkerton
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...

, and his third daughter, Catherine, married Joseph Hume of Chirnside
Chirnside
Chirnside is a hillside village in Berwickshire in Scotland, west of Berwick-upon-Tweed and east of Duns.-Notables:David Hume, the Scottish Enlightenment philosopher, lived in Ninewells House, just south of the village...

 in the county of Berwick, and was the mother of David Hume
David Hume
David Hume was a Scottish philosopher, historian, economist, and essayist, known especially for his philosophical empiricism and skepticism. He was one of the most important figures in the history of Western philosophy and the Scottish Enlightenment...

the philosopher and historian.
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