James Erskine, Lord Grange (1679 – 20 January 1754) was a Scottish

advocate An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...

, judge and politician. He served as

Lord Justice Clerk The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session. The current Lord Justice Clerk is Lord Beckett, who was appointed to the position on 4 February 2025, succeeding Lady Dorr ...

and a Lord of Justiciary.

Life

The son of Charles Erskine, Earl of Mar, by his spouse Lady Mary, eldest daughter of George Maule, 2nd

Earl of Panmure Earl of Panmure was a title in the Peerage of Scotland. It was created in 1646 for Sir Patrick Maule, a former Gentleman of the Bedchamber to James VI and loyal follower of Charles I. He was made Lord Brechin and Navar at the same time, also in ...

, he was also brother of John Erskine, 6th Earl of Mar. Educated as an

, he was raised to the bench on 18 October 1706. He was nominated a Lord of Justiciary in place of David Home, Lord Crocerig on 6 June the same year, and took the title Lord Grange. On 27 July 1710 he succeeded

Adam Cockburn of Ormiston Adam Cockburn, Laird of Ormiston, Lord Ormiston (1656 – 16 April 1735), was a Scottish administrator, politician and judge. He served as Commissioner for Haddington Constabulary in the parliaments of 1681-2 and 1689, and in the conventions ...

. He took no part in the

Jacobite rising of 1715 The Jacobite rising of 1715 ( ; or 'the Fifteen') was the attempt by James Francis Edward Stuart, James Edward Stuart (the Old Pretender) to regain the thrones of Kingdom of England, England, Kingdom of Ireland, Ireland and Kingdom of Scotland ...

, although there is little doubt that at times he was in communication with the Jacobites; but was rather known for his piety and for his sympathy with the

Presbyterians Presbyterianism is a historically Reformed Protestant tradition named for its form of church government by representative assemblies of elders, known as "presbyters". Though other Reformed churches are structurally similar, the word ''Pr ...

. In 1724 he, and David Erskine, Lord Dun purchased the forfeited Earldom of Mar from the government, which they promptly reorganised, and sold off. JamesErskine2ndLordGrangeasboy

His wife, Rachel Chiesley, suspected her husband of infidelity, and after some years of unhappiness Grange arranged a plan for her abduction. In January 1732 she was taken in secret from Edinburgh to the Monach Islands for two years, thence Hirta in St Kilda, where she remained for about ten years. From there, she was taken to

Assynt Assynt ( or ) is a sparsely populated area in the south-west of Sutherland, lying north of Ullapool on the west coast of Scotland. Assynt is known for its landscape and its remarkable mountains, which have led to the area, along with neighbour ...

Sutherland Sutherland () is a Counties of Scotland, historic county, registration county and lieutenancy areas of Scotland, lieutenancy area in the Scottish Highlands, Highlands of Scotland. The name dates from the Scandinavian Scotland, Viking era when t ...

, and finally to

Skye The Isle of Skye, or simply Skye, is the largest and northernmost of the major islands in the Inner Hebrides of Scotland. The island's peninsulas radiate from a mountainous hub dominated by the Cuillin, the rocky slopes of which provide some o ...

. To complete the idea that she was dead her funeral was publicly celebrated, but she survived until May 1745. Erskine himself was a "singular compound of good and bad qualities". In addition to his legal career he was elected to Parliament in 1734 and he survived the vicissitudes of the Jacobite rebellions unscathed. He was a

philanderer Promiscuity is the practice of engaging in sexual activity frequently with different partners or being indiscriminate in the choice of sexual partners. The term can carry a moral judgment. A common example of behavior viewed as promiscuous by man ...

and over-partial to

claret Bordeaux wine (; ) is produced in the Bordeaux region of southwest France, around the city of Bordeaux, on the Garonne River. To the north of the city, the Dordogne River joins the Garonne forming the broad estuary called the Gironde; the Gir ...

, whilst at the same time deeply religious. This last quality would have been instrumental in any decision not to have his wife assassinated, and he did not marry his long-term mistress Fanny Lindsay until after he had heard of the first Lady Grange's death. Meanwhile, in 1734 Grange resigned his offices in the

Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...

and Justiciary, and became a Member of Parliament where he was a bitter opponent of

Sir Robert Walpole Robert Walpole, 1st Earl of Orford (; 26 August 1676 – 18 March 1745), known between 1725 and 1742 as Sir Robert Walpole, was a British Whig statesman who is generally regarded as the ''de facto'' first Prime Minister of Great Britain, ser ...

. His objective of being appointed

Secretary of State for Scotland The secretary of state for Scotland (; ), also referred to as the Scottish secretary, is a Secretary of State (United Kingdom), secretary of state in the Government of the United Kingdom, with responsibility for the Scotland Office. The incum ...

was a failure. For a short time after leaving parliament he returned to the Bar. Erskine stood in opposition to the Witchcraft Act 1735, which – unlike previous laws – did not assume that witches actually existed and made pacts with Satan, but rather assumed that anyone who claimed to be actually practising

witchcraft Witchcraft is the use of Magic (supernatural), magic by a person called a witch. Traditionally, "witchcraft" means the use of magic to inflict supernatural harm or misfortune on others, and this remains the most common and widespread meanin ...

was a cheater seeking to defraud people. The only figure to offer significant opposition to the Act was Erskine. Erskine not only fervently believed in the existence of witchcraft, but, it has been argued, also held beliefs that were deeply rooted in "Scottish political and religious considerations" and which caused him to reject the Act. His objection to the Act "marked him out as an eccentric verging on the insane" among Members of Parliament, and in turn his political opponents would use it against him; one of his staunchest critics,

Robert Walpole Robert Walpole, 1st Earl of Orford (; 26 August 1676 – 18 March 1745), known between 1725 and 1742 as Sir Robert Walpole, was a British Whigs (British political party), Whig statesman who is generally regarded as the ''de facto'' first Prim ...

, who was then the ''de facto'' Prime Minister of the country, allegedly stating that he no longer considered Erskine to be a serious political threat as a result of his embarrassing opposition to the Act. Davies 1999. p. 2. His Edinburgh mansion was on the east side of Niddry Wynd (later replaced by Niddry Street) off the

Royal Mile The Royal Mile () is the nickname of a series of streets forming the main thoroughfare of the Old Town, Edinburgh, Old Town of Edinburgh, Scotland. The term originated in the early 20th century and has since entered popular usage. The Royal ...

. He died in London on 20 January 1754, aged 75 years.

Family

He married Rachel Chiesley, daughter of John Chiesley, who murdered

George Lockhart, Lord Carnwath Sir George Lockhart of Carnwath (c. 1630 – 1689) was a Scottish advocate, judge and commissioner to parliament who was murdered. Life In 1644 he purchased from Sir Thomas Hope the mansion of Robert Gourlay (merchant), Robert Gourlay on the ...

in 1689. Rachel was thereafter raised by her uncle Robert Chieslie,

Lord Provost of Edinburgh The Right Honourable Lord Provost of Edinburgh is elected by and is the convener of the City of Edinburgh Council and serves not only as the chair of that body, but as a figurehead for the entire city, ex officio the Lord-Lieutenant of ...

. Rachel had inherited a fortune paid in compensation to her uncles Robert and James who each lost a fortune in the

Darien scheme The Darien scheme was an unsuccessful attempt, backed largely by investors of the Kingdom of Scotland, to gain wealth and influence by establishing New Caledonia, a colony in the Darién Gap on the Isthmus of Panama, in the late 1690s. The pl ...

, but who were posthumously compensated in the

Act of Union 1707 The Acts of Union refer to two acts of Parliament, one by the Parliament of Scotland in March 1707, followed shortly thereafter by an equivalent act of the Parliament of England. They put into effect the international Treaty of Union agree ...

.Grant's Old and New Edinburgh vol.2 p.247

In fiction

James Erskine, Lord Grange, features as a character in Andrew Drummond's fantasy novel. ''The Books of the Incarceration of the Lady Grange'' (2016).

References

* * '' Edinburgh Magazine'', 1817. * ''An Historical Account of the Senators of the College of Justice of Scotland'', by Sir David Dalrymple of Hailes, Bt., with some further editing and additions, Edinburgh, 1849.

Sources

* {{DEFAULTSORT:Erskine, James 1679 births 1754 deaths Protestant Jacobites Scottish Jacobites Members of the Parliament of Great Britain for Scottish constituencies Grange Younger sons of earls Members of the Faculty of Advocates 18th-century Scottish judges Scottish Protestants British MPs 1734–1741 British MPs 1741–1747