Dictionary of National Biography, 1885-1900/Fergusson, James (1688-1759)
FERGUSSON, Sir JAMES, Lord Kilkerran (1688–1759), Scotch judge, eldest son of Sir John Fergusson, first baronet, of Kilkerran (whom he succeeded in 1729), was born in 1688. He studied law possibly at Leyden (Index of Leyden Students, p. 35), and was admitted advocate 1711, was elected as member for Sutherlandshire 1734, and sat for that county till made lord of session, 7 Nov. 1735, when he took the courtesy title of Lord Kilkerran. He was made lord of justiciary 3 April 1749. He died at his residence near Edinburgh 20 Jan. 1759. Fergusson was married and had a large family, many of whom with his wife survived him. He collected and digested in the form of a dictionary the decisions of the court of session from 1738 to 1752. To these are added ‘a few decisions given in the years 1736 and 1737’ (advertisement). This was published by his son (Edinburgh, 1775).
In Tytler's ‘Life of Lord Kames’ (2nd ed. Edinb., 1814, i. 52–3) Fergusson is estimated as ‘undoubtedly one of the ablest lawyers of his time. His knowledge was founded on a thorough acquaintance with the Roman jurisprudence, imbibed from the best commentators of the pandects, and with the recondite learning of Craig, who has laid open the fountains of the Scottish law in all that regards the system of feudalism. … The decisions which he has recorded during the period when he sat as a judge of the supreme court exhibit the clearest comprehension and the soundest views of jurisprudence, and will for ever serve as a model for the most useful form of law reports.’
[Brunton and Haig's Senators of the College of Justice, p. 505; Anderson's Scottish Nation, ii. 195; Foster's Collectanea Genealogica; Members of Parliament (Scotland), p. 135; see also Foster's Baronetage and Burke's Peerage and Baronetage.]