Publications of the Scottish History Society, Vol. 36 | Page 9

appear (so far as I know) where
his house in Edinburgh was. We do not know how often he went to
Fountainhall, or whether he there realised his wish to spend half his
time in the country.[20] We do not know how he occupied himself
there, though it may be gathered that he took much interest in the
management of his property and in country business, and he records
with much gratification his appointment as a justice of the peace. He
tells us nothing of his wife, except how much money she got for
housekeeping, and nothing of his children, except when he records their
births or deaths. Nothing of his personal relations with his
distinguished contemporaries at the bar, or with the men who, as
officers of State and Privy Councillors, still governed Scotland in
Edinburgh.
[19] Scottish History Society.
[20] Journal, p. 21.
On the other hand, his opinions on all subjects, on public affairs and
public men, on such questions of speculation or ethical interest as
astrology and witchcraft, often strikingly expressed in language always

racy and sincere, are scattered through the published volumes of his
writings, all printed without note or comment. It may at least be a
tribute to Fountainhall's memory to present a short view of his opinions,
and for that purpose I have not scrupled to quote freely, especially from
the _Historical Observes,_ a delightful book, which deserves a larger
public than the limited circle of its fortunate possessors. Fountainhall's
political opinions were moderate, in an age when moderation was rare.
We are tempted to think, if I am not mistaken, that in that dark period
of Scottish history, every man was a furious partisan, as a Royalist or a
Whig, or as an adherent of one or other of the chiefs who intrigued for
power. But it may be that Lauder's attitude reflects more truly the
average opinions of educated men of the time.
HIS POLITICAL OPINIONS
His political position has perhaps been imperfectly understood by the
few writers who have had occasion to refer to it. Mr. Laing's statement,
that prior to the Revolution 'he appears generally to have acted only
with those who opposed the measure of the Court,' is not, I venture to
think, wholly accurate. It is true that on one occasion, no doubt
memorable in his own life, he incurred the displeasure of the
government. When James VII. on his accession proposed to relax the
penal laws against Roman Catholics, while enforcing them against
Presbyterians, Lauder, who had just entered Parliament, opposed that
policy and spoke against it in terms studiously moderate and respectful
to the Crown. The result, however, was that he became a suspected
person. As he records in April 1686, 'My 2 servants being imprisoned,
and I threatened therewith, as also that they would seize upon my
papers, and search if they contained anything offensive to the party
then prevailing, I was necessitat to hide this manuscript, and many
others, and intermit my Historick Remarks till the Revolution in the
end of 1688.'
Hence the Revolution was perhaps welcome to him. As an adherent of
character and some position he met with marked favour from the new
sovereigns, who promoted him to the bench, and corrected the injustice
which had been done to him in the matter of the patent of his father's
baronetcy, and also granted him a pension of £100 a year, an addition
of fifty per cent. to his official salary. Shortly afterwards he was offered
the post of Lord Advocate, but declined it, because the condition was

attached that he should not prosecute the persons implicated in the
Massacre of Glencoe.[21] From these facts it has been sometimes
inferred that Lauder was disaffected to the Stewart dynasty, and that his
professional advancement was thereby retarded. In reality his career
was one of steady prosperity. Having already received the honour of
knighthood while still a young man, and being a member of parliament
for his county, he became a judge at the age of forty-three. So far from
holding opinions antagonistic to the reigning house, Lauder was an
enthusiastic royalist. He was indeed a staunch Protestant at a time when
religion played a great part in politics. In his early youth the journal
here published shows him as perhaps a bigoted Protestant. But he was
not conscious of any conflict between his faith and his loyalty till the
conflict was forced upon him, and that was late in the day. In this
position he was by no means singular. Sir George Mackenzie, who as
Lord Advocate was so vigorous an instrument of Charles II.'s policy,
refused, like Lauder, to concur in the partial application of the penal
laws, and his refusal led to his temporary disgrace. Lauder was not
even a reformer. He