John Erskine of Carnock

John Erskine of Carnock (see [http://torleys.com/Carnock%20History.htm] (1695 - 1768) was a Scottish jurist and professor of Scottish law at the University of Edinburgh. He wrote the "Principles of the Law of Scotland" and the "Institutes of the Law of Scotland", prominent books on Scots law.

Parents

"John Erskine" was born in 1695, the son of Lt Colonel John Erskine of Cardross, who had made his fortune joining the army of William of Orange which invaded England in 1688. His mother, "Anna", an heiress linked to the powerful Dundas family, (her father was Sir William Dundas of Kincavel), was the second of "Colonel Erskine's" four wives.

Life

John Erskine was educated for the law and joined the Faculty of Advocates in 1719 and followed the career of an Advocate for some years, apparently with no obvious distinction. However, the post of Professor of Scots Law at Edinburgh University became vacant in 1737, with the death of its incumbent Alexander Bain. Edinburgh University is a modern (that is, a post-Reformation foundation, so the appointment of professors lay with the Town Council, which asked the Faculty of Advocates to suggest two names. The second was normally one who was certain to refuse, so the fact that John Erskine was the other nominee shows the esteem in which he was now held in the profession (though no doubt his connections in the Erskine and Dundas families also played their part).

The Professor was allowed £100 per annum along with student fees. Seemingly, his lectures were very popular and he decided to produce an up-to-date text for his students to replace Sir George Mackenzie’s much used "Institutions of the Law of Scotland". "Erskine" wished to expand on the brevity of Mackenzie' work, fill in gaps and bring it up to date. Erkine's own work, "Principles of the Law of Scotland", bore the imprint of Mackenzie's book in its organisation, though in 8 volumes, appeared in 1754. It has been in print ever since.

Erskine retired from the professorship in 1765 and devoted himself to a new work "The Institutes of the Law of Scotland." He had substantially completed this when he died on 1st March, 1768, but had not brought it to full completion. This was done by "a legal friend" in consultation with other advocates. It was obviously part of one of the great Enlightenment Projects - namely the systematisation of the law. This was no mean task, but its success can be judged from the fact that it has never been out of print - though always revised - since its publication in 1773. It had, and has, its critics - there are places where its postumous publication is all too apparent, and many felt it was far too academical (with a poor feel for the daily practice of law) but it quickly gained a reputation as a reliable reference point and, probably, no book has been cited as frequently in Scottish courts.

References

* Chambers, Robert, 1802-1871. "A biographical dictionary of eminent Scotsmen ... Revised throughout and continued by the Rev. Thomas Thomson . With a supplement continuing the biographies to the present time, etc". Blackie and Son of Glasgow, Edinburgh, and London (originally, 1835), 1856, 1875