For a short time after leaving parliament he returned to the Bar.
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Upon the resignation of James Erskine of Grange, Lord Milton was constituted Lord Justice Clerk, taking his seat on 21 June 1735.
James Erskine (1821–1904), fourth son of the second Baron, was created Graf Erskine by Ludwig II of Bavaria.
Several descendants of his son from this marriage, James Erskine, gained distinction, including John Erskine, Sir David Erskine, Sir Arthur Erskine, Sir James Erskine and Sir George Erskine.
On 19 August 1622 he sold his proportion called Portclare and Ballykillygirie, including Agher, to Sir James Erskine, eleventh son of Alexander, second son of John, earl of Mar, and younger brother of Thomas, first earl of Kellie.