John Erskine of Carnock
Encyclopedia
John Erskine of Carnock was a Scottish
jurist and professor of Scottish law at the University of Edinburgh
. He wrote the Principles of the Law of Scotland and An Institute of the Law of Scotland, prominent books on Scots law
.
, Erskine was the son of John Erskine of Cardross
, who had made his fortune joining the army of William of Orange
which invaded England
in 1688. His grandfather was David Erskine, 2nd Lord Cardross
, while his mother, Anna, the daughter and heiress of Sir William Dundas of Kincavel, was his father's second wife.
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).
Erskine 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 James Dalrymple, 1st Viscount of Stair'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 "An Institute of the Law of Scotland." He had substantially completed this when he died on 1 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 posthumous 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.
. He married as his second wife Anne, daughter of James Sterling of Keir, in 1729. Several descendants of his son from this marriage, James Erskine, gained distinction, including John Erskine
, Sir David Erskine, Sir Arthur Erskine
, Sir James Erskine and Sir George Erskine
. Erskine died in March 1768, aged 72.
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
jurist and professor of Scottish law at the University of Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
. He wrote the Principles of the Law of Scotland and An Institute of the Law of Scotland, prominent books on Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
.
Background
A member of Clan ErskineClan Erskine
-Origins of the Name:The surname Erskine is derived from the name of Erskine, an area to the south of the River Clyde and ten miles to the west of Glasgow...
, Erskine was the son of John Erskine of Cardross
John Erskine of Cardross
Colonel The Honourable John Edmund Erskine , of Cardross, was a Scottish soldier and politician.-Background:...
, who had made his fortune joining the army of William of Orange
William III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
which invaded England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
in 1688. His grandfather was David Erskine, 2nd Lord Cardross
David Erskine, 2nd Lord Cardross
David Erskine, 2nd Lord Cardross , was a Scottish Royalist.Erskine was the only son of Henry Erskine, second son of the second marriage of John Erskine, 18th Earl of Mar, and heir to the Barony of Cardross, by his wife Margaret, only daughter of Sir James Bellenden of Broughton, near Edinburgh...
, while his mother, Anna, the daughter and heiress of Sir William Dundas of Kincavel, was his father's second wife.
Legal career
Erskine was educated for the law and joined the Faculty of AdvocatesFaculty 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...
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
Alexander Bain
Alexander Bain was a Scottish philosopher and educationalist in the British school of empiricism who was a prominent and innovative figure in the fields of psychology, linguistics, logic, moral philosophy and education reform...
. Edinburgh University is a modern (that is, a post-Reformation
Scottish Reformation
The Scottish Reformation was Scotland's formal break with the Papacy in 1560, and the events surrounding this. It was part of the wider European Protestant Reformation; and in Scotland's case culminated ecclesiastically in the re-establishment of the church along Reformed lines, and politically in...
foundation, so the appointment of professors lay with the Town Council
Town council
A town council is a democratically elected form of government for small municipalities or civil parishes. A council may serve as both the representative and executive branch....
, 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).
Erskine 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 James Dalrymple, 1st Viscount of Stair's
George Mackenzie (lawyer)
Sir George Mackenzie of Rosehaugh, Knt. , known as Bluidy Mackenzie, was a Scottish lawyer, Lord Advocate, and legal writer.- Origins :...
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 "An Institute of the Law of Scotland." He had substantially completed this when he died on 1 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
Age of Enlightenment
The Age of Enlightenment was an elite cultural movement of intellectuals in 18th century Europe that sought to mobilize the power of reason in order to reform society and advance knowledge. It promoted intellectual interchange and opposed intolerance and abuses in church and state...
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 posthumous 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.
Family
Erskine was twice married. He married as his first wife Margaret, daughter of James Melville, in 1719. Their son was the influential theologian John ErskineJohn Erskine (theologian)
John Erskine , the Scottish theologian, was born near Dunfermline at Carnock, on 2 June 1721. His father was the great Scottish jurist John Erskine of Carnock and his grandfather was Colonel John Erskine of Cardross who had been in William of Orange's army when it invaded England in the Glorious...
. He married as his second wife Anne, daughter of James Sterling of Keir, in 1729. Several descendants of his son from this marriage, James Erskine, gained distinction, including John Erskine
John Erskine (Royal Navy officer)
Admiral John Elphinstone Erskine was a Royal Navy officer and Liberal politician who sat in the House of Commons from 1868 to 1874.-Background and education:...
, Sir David Erskine, Sir Arthur Erskine
Arthur Erskine
Colonel Sir Arthur Edward Erskine GCVO, DSO , was a British soldier and courtier. He was Crown Equerry in the Royal Household of the Sovereign of the United Kingdom from 1924 to 1941.-Background and education:...
, Sir James Erskine and Sir George Erskine
George Erskine
General Sir George Watkin Eben James Erskine GCB, KBE, DSO was a senior British Army officer during World War II-Background:...
. Erskine died in March 1768, aged 72.