He took no part in the Jacobite rising of 1715, 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.[1]
His wife, Rachel Chiesley, suspected her husband of infidelity, and after some years of unhappiness Grange arranged a plan for her abduction.[1] 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 in Sutherland, and finally to Skye. To complete the idea that she was dead her funeral was publicly celebrated, but she survived until May 1745.[1][3]
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 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, 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.[4]
His Edinburgh mansion was on the east side of Niddry Wynd (later replaced by Niddry Street) off the Royal Mile.[5]
He died in London on 20 January 1754, aged 75 years.
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.