Page:A biographical dictionary of eminent Scotsmen, vol 5.djvu/292

352 tences of injustice, and was not restored till January, 1676." After his restoration to his powers, his collection of decisions shows that he was a well employed and active counsellor.

His next appearance in public life, is at the celebrated trial of the earl of Argyle in 1681, for a treasonable explanation of the test, for whom Lauder acted as counsel, along with Lockhart and six others. The vulgar prejudice against vindicating a person accused of any crime, together with the cautious vigilance of the crown, trammelled for a long time the legitimate powers of counsel in Scotland, and especially in cases of treason, brought their duty so much under the arbitration of the court, that a practice prevailed by which it was considered illegal to defend a person accused of such a crime, without the permission or government; and therefore every prudent advocate declined interfering till he could produce a royal warrant. In the present instance, Argyle's counsel had prepared and signed, as lawyers, an "opinion" that his explanation of the test was a legal one. The consequence of this, as detailed in Lauder's own words, was, that " The councell named a committee to call my lord Argyle's eight advocates, vizt., Sir George Lockhart, Sir John Dalrymple, Messieurs Walter Pringle, David Thoirs, Patrick Home, John Stewart, James Graham, and myself, for subscribing an opinion that his explanation contained nothing treasonable in it We were examined upon oath; and it was called a new practice to sign opinions with us, especially in criminall cases importing treason, and a bad preparative; though lawyers should not be prelimited nor overawed freely to plead in defence of their clients; the privy council having authorized us to that purpose. Tho' some aimed at imprisoning and depriving us, yet, after we had spoke with his royal hynes, he was pleased to pass it ; tho', he said, if any bad use were made of our signed opinion, by spreading it abroad in England to incense them, or reproach the duke or the judges, he could not but blame us. It was afterwards printed in England, and Argyle's trial), with another piece, called a Scotch Mist to wet ane Englishman to the Skin: being sundry animadversions on Argyle's process."

Although his political proceedings do not seem to have been calculated to bring him within the atmosphere of court favour, he early received the dignity of knighthood; at what precise period is not known, but apparently previous to the year 1681. Much about the same period, or some years afterwards, he appears to have acted as one of the assessors to the city of Edinburgh; a circumstance discoverable from his remarking, that on the 4th of November, 1685, the other gentleman who held that office was removed, from some cause connected with burgh politics, while he was retained.

In 1685, Sir John Lauder became a member of the Committee of Estates; and for more than twenty years, until the treaty of union, he appears from the journals of the house to have performed his parliamentary duties with activity and zeal. He was returned for the shire of Haddington on the 23rd of April, along with Sir John Wedderburn of Gosford. His election was disputed by Sir James Hay of Simplum; and the committee on controverted elections haying reported that the votes were equally divided, a new election was proposed, when one of the voters for Sir James Hay being discovered to have given his vote after the election had been formally terminated, Sir John Lauder was declared the sitting member by a majority of one. Lauder was early discovered in his legislatorial, as he had been in his professional capacity, not to be a do-