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John Erskine of Carnock


John Erskine of Carnock (4 November 1695 – 1 March 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 An Institute of the Law of Scotland, prominent books on Scots law.

A member of Clan Erskine, 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.

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).

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. Erskine'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.


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