Thomas Erskine (judge)
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Thomas Erskine, PC (12 March 1788 – 9 November 1864) was an English judge.


Biography

The son of Thomas Erskine, 1st Baron Erskine, by his first wife, Frances, daughter of Daniel Moore, Thomas Erskine was born 12 March 1788 at 10 Serjeants' Inn, Fleet Street. He was brought up at Hampstead and educated at the grammar school there, and at John Foothead's, and was afterwards under Drs. Drury and Butler at
Harrow School (The Faithful Dispensation of the Gifts of God) , established = (Royal Charter) , closed = , type = Public schoolIndependent schoolBoarding school , religion = Church of E ...
, where he was a schoolfellow of
Robert Peel Sir Robert Peel, 2nd Baronet, (5 February 1788 – 2 July 1850) was a British Conservative statesman who served twice as Prime Minister of the United Kingdom (1834–1835 and 1841–1846) simultaneously serving as Chancellor of the Exchequer ...
,
Lord Aberdeen George Hamilton-Gordon, 4th Earl of Aberdeen, (28 January 178414 December 1860), styled Lord Haddo from 1791 to 1801, was a British statesman, diplomat and landowner, successively a Tory, Conservative and Peelite politician and specialist in ...
, Lord Palmerston,
Lord Byron George Gordon Byron, 6th Baron Byron (22 January 1788 – 19 April 1824), known simply as Lord Byron, was an English romantic poet and Peerage of the United Kingdom, peer. He was one of the leading figures of the Romantic movement, and h ...
, and Theodore Hook. On becoming
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
his father made him, still a schoolboy, his secretary of presentations, which threw him much into fashionable society. He was entered at
Trinity College, Cambridge Trinity College is a constituent college of the University of Cambridge. Founded in 1546 by Henry VIII, King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any college at either Cambridge ...
in 1808, and being a peer's son graduated MA without residence or examination in 1811, on the inauguration of the Duke of Gloucester as Chancellor. In 1807 he was entered at
Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...
, and became a pupil of
Joseph Chitty Joseph Chitty (12 March 1776 – 17 February 1841) was an English lawyer and legal writer, author of some of the earliest practitioners' texts and founder of an important dynasty of lawyers. Life and practice He was himself the son of a Joseph Ch ...
. He became a special pleader in 1810, and practised with success; was
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
in 1813, and having first joined the home circuit transferred himself to the Western Circuit. He contested
Lewes Lewes () is the county town of East Sussex, England. It is the police and judicial centre for all of Sussex and is home to Sussex Police, East Sussex Fire & Rescue Service, Lewes Crown Court and HMP Lewes. The civil parish is the centre of ...
unsuccessfully as a Whig in 1818. He became a
King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
in 1827, and took a leading place on his circuit. He was clear and acute rather than rhetorical, and had a strong comprehension of technicalities, being thus in sharp contrast to his father. The Bankruptcy Act, 1 and 2 Wm. IV, c. 56, established a Court of Review in Bankruptcy of four judges, and
Lord Brougham Henry Peter Brougham, 1st Baron Brougham and Vaux, (; 19 September 1778 – 7 May 1868) was a British statesman who became Lord High Chancellor and played a prominent role in passing the 1832 Reform Act and 1833 Slavery Abolition Act. ...
appointed him to the chief judgeship on 20 Oct. 1831, a post which he filled with credit. He was also sworn of the
Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
. On the death of
James Alan Park Sir James Allan Park KC (6 April 17638 December 1838) was a British judge and legal writer. Life He was the son of James Park, a surgeon from Edinburgh, and was brought up in Edinburgh until his father's practice moved to Surrey. He was educate ...
, he succeeded him, 9 January 1839, as a Justice of the Common Pleas, but continued to hold his bankruptcy judgeship until November 1842. In his new capacity his chief act was presiding at the spring
assizes The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
at York in 1840, at the political trials, which he did so fairly as to receive the applause even of the '' Northern Star'',
Feargus O'Connor Feargus Edward O'Connor (18 July 1796 – 30 August 1855) was an Irish Chartist leader and advocate of the Land Plan, which sought to provide smallholdings for the labouring classes. A highly charismatic figure, O'Connor was admired for his ...
's paper. In 1844 he was attacked by tubercular disease of the lungs, and resigned his judgeship in November, but lived, for the most part an invalid, until 9 November 1864, when he died at Bournemouth. From the summer of 1852 he lived at Fir Grove, Eversley, and was the intimate friend and valued supporter of the rector,
Charles Kingsley Charles Kingsley (12 June 1819 – 23 January 1875) was a broad church priest of the Church of England, a university professor, social reformer, historian, novelist and poet. He is particularly associated with Christian socialism, the working ...
, to whom his death was a great loss. He was till his death a commissioner for the
Duchy of Cornwall The Duchy of Cornwall ( kw, Duketh Kernow) is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch obtains possession of the duchy and the title of 'Duke of Cornwall' at ...
, and in 1840 was president of the Trinitarian Bible Society. He married in 1814 Henrietta, daughter of Henry Traill of Darsie, Fifeshire, and had a large family.


References

{{DEFAULTSORT:Erskine, Thomas 20th-century King's Counsel 1864 deaths Members of the Privy Council of the United Kingdom English King's Counsel Members of Lincoln's Inn Justices of the Common Pleas Alumni of Trinity College, Cambridge People educated at Harrow School Younger sons of barons