[6] The 10th Earl of Buchan had recently died, and Erskine now had just enough money to buy a commission in the army, becoming an ensign in the 1st (Royal) Regiment of Foot.
[8] He also demonstrated his future skills as an advocate in a pamphlet entitled "Observations on the Prevailing Abuses in the British Army Arising from the Corruption of Civil Government with a Proposal toward Obtaining an Addition to Their Pay".
[9] Whilst on leave in London, the charming and well-connected young officer was able to mix in literary circles and met Dr Johnson.
James Boswell, in his Life of Johnson, recalled meeting "a young officer in the regimentals of the Scots royal, who talked with a vivacity, fluency and precision so uncommon, that he attracted particular attention.
He proved to be the Honorable Thomas Erskine, youngest brother to the Earl of Buchan, who has since risen into such brilliant reputation at the Bar in Westminster-hall".
[10] Although Erskine was appointed a lieutenant in April 1773, he decided to leave the army and, with the encouragement of his family and Lord Mansfield, study for the Bar.
He discovered that the period of study required before being called to the Bar could be reduced from five years to three for holders of a degree from Oxford or Cambridge universities.
He therefore on 13 January 1776 entered himself as a gentleman commoner on the books of Trinity College, Cambridge where, as the son of an earl, he was entitled to gain a degree without sitting any examinations.
These were years of poverty for Erskine and his growing family: he installed his wife Frances and the children in cheap lodgings in Kentish Town and survived on a gift of £300 from a relative, and the sale of his army commission.
[17] After his success in the Baillie case, Erskine had no shortage of work and a few months later was retained by Admiral Augustus Keppel in his court martial at Portsmouth.
[18] In 1781 Erskine had his first opportunity to address a jury when he defended Lord George Gordon who had been charged with high treason for instigating the anti-Catholic riots of 1780.
"[22] Amongst his notable cases in 1780s was his successful defence of William Davies Shipley, dean of St Asaph (and son of Jonathan Shipley) who was tried in 1784 at Shrewsbury for seditious libel for publishing Principles of Government, in a Dialogue between a Gentleman and a Farmer, a tract by his brother-in-law Sir William Jones advancing radical views on the relationship between subjects and the state.
Erskine's speech, which resulted in the Stockdale's acquittal, argued that a defendant should not be convicted if his composition, taken as a whole, did not go beyond a free and fair discussion, even if selected passages might be libellous.
Henry Brougham considered this to be one of Erskine's finest speeches: "It is justly regarded, by all English lawyers, as a consummate specimen of the art of addressing a jury".
Three years later he would, against the advice of his friends, take on the defence of Thomas Paine who had been charged with seditious libel after the publication of the second part of his Rights of Man.
Habeas corpus was suspended and twelve members of radical societies were imprisoned and charged with a variety of offences amounting to high treason.
[32] Notable amongst the later cases of Erskine's career was that of James Hadfield, a former soldier who had fired a shot at the king in Drury Lane Theatre.
The judge, Lord Kenyon, was convinced by Erskine's evidence and argument and stopped the trial, acquitted Hadfield and ordered him to be detained.
Fox's original plan had been to offer Erskine the chief judgeship of the Common Pleas or the King's Bench when one of the holders was elevated to Lord Chancellor.
Although Erskine lacked experience in equity, only one of the judgements he made during his brief tenure as Lord Chancellor was appealed against and that, concerning Peter Thellusson's will, was upheld.
[37] Along with Lords Grenville, Spencer and Ellenborough, Erskine was commissioned by the king to enquire into the morals of his daughter-in-law Caroline of Brunswick in what became known as the "delicate investigation".
[37] Erskine was Lord Chancellor for only fourteen months, having to give up the seals of office when the ministry of all the talents resigned over a disagreement with the king concerning the question of Catholic Emancipation.
In spite of his generous pension and the enormous sums he had earned at the Bar, Erskine experienced financial difficulties in his later years, having to sell his villa in Hampstead and move to a house in Pimlico.
[42] He introduced a bill in the House of Lords for the prevention of cruelty to animals, arguing that humanity's dominion over them was given by God as a moral trust.
The bill was accepted in the Lords but opposed in the Commons; William Windham arguing that a law against cruelty to animals was incompatible with fox-hunting and horse racing.
Even these meagre payments were withheld by Erskine's executors when she tried to prevent them sending her son Hampden away to school, and she had to appeal to the lord mayor of London.
Before meeting Frances, Erskine had written about the qualities he was looking for in a bride: "Let then my ornament be far from the tinsel glare, let it be fair yet modest, let it rather delight than dazzle, rather shine like the mild beams of the morning than the blaze of the noon.