Duncan Forbes (judge)

Duncan Forbes, Lord Culloden (10 Nov 1685 – 10 December 1747) was a Scottish politician and judge. He was President of the Court of Session.

He was born the second son of Duncan Forbes of Culloden and Bunchrew, near Inverness, by his wife, Mary Innes. Duncan and his elder brother, John, were sent to the grammar school of Inverness. Here, according to his first biographer, who preserves some details omitted from more decorous records, the brothers became known as 'the greatest boozers in the north' from their convivial prowess. Duncan drank freely until, about 1725, delicate health compelled greater temperance, for a period at least. The same writer states that on the occasion of his mother's funeral in 1716, Forbes and the rest of the party drank so hard that when they went to the burial-place they left the body behind. On his father's death in 1704 Forbes's elder brother took the estate and Forbes inherited a small sum of money which he lost in mercantile speculations. He then went to study law at Edinburgh, under John Spottiswood, but, finding the teaching inadequate, proceeded in 1705 to Leyden. He had been present in March 1705 at the remarkable trial of Captain Thomas Green for piracy. The execution of a man afterwards proved to be innocent made a deep impression upon him, as appears from a remarkable passage in his speech in the House of Commons on the Porteous case. At Leyden he studied both the civil law and oriental languages. He returned to Scotland in 1707. Soon after his return he married Mary, daughter of Hugh Rose, twelfth baron of Kilravock, near Culloden. She died early, though the exact date is not known, certainly before 1717.

Duncan was admitted an advocate 26 July 1709, and was soon afterwards appointed sheriff of Midlothian. This appointment was due to the favour of John Campbell, 2nd Duke of Argyll. The duke's brother, Lord Islay (afterwards third duke of Argyll), was also a warm friend. Forbes, it is said, managed the duke's estates without accepting a fee, though he might have had £500 or £600 a year for his services. He took an active part in politics on the whig side. On a canvass for his brother on one occasion his liberality in distributing claret and his vigour in consuming his own share carried the election. During the Jacobite Rising of 1715 he distinguished himself by loyal exertions against the rebels. His brother John joined the famous Simon Fraser, 11th Lord Lovat, at Stirling, and accompanied him to Inverness. The brothers had raised forces to support the government. Culloden and Kilravock (the house of Duncan's father-in-law) were garrisoned; and, in combination with Lovat, they threatened Inverness, which surrendered just before the battle of Sheriffmuir. Duncan Forbes was rewarded by the office of depute-advocate, upon which he entered 12 March 1716. He accepted the office with great reluctance. He was expected, as he thought, to take part in the trial of some of the rebels in Carlisle. The law which provided that trials should take place in the counties in which the treasonable actions were alleged to have taken place was suspended. Forbes regarded this as unjust. He was not called upon to prosecute. He even collected money to support the Scottish prisoners at Carlisle. He wrote an anonymous letter to Sir Robert Walpole, protesting against severity to the rebels. His sentiments exposed him to suspicion of Jacobite leanings.

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