Duncan Forbes, Lord Culloden
   HOME

TheInfoList



OR:

Duncan Forbes 5th of Culloden (10 November 1685 – 10 December 1747) was a Scottish lawyer and Whig politician who sat in the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
from 1721 to 1737. As Lord President and senior Scottish legal officer, he played a major role in helping the government suppress the
1745 Jacobite Rising The Jacobite rising of 1745 was an attempt by Charles Edward Stuart to regain the Monarchy of Great Britain, British throne for his father, James Francis Edward Stuart. It took place during the War of the Austrian Succession, when the bulk of t ...
.


Life

Duncan Forbes was born on 10 November 1685, in Culloden House near Inverness, second son of Duncan Forbes (1644-1704) and his wife Mary Innes (ca 1650–1716). The fifth of nine children, he had seven sisters; Jean (ca 1678-?) and Margaret both married, while little is known of the others. His elder brother, John (1673-1734), was 12 years older; despite the age difference, the two were close friends all their lives. Forbes was educated at the local grammar school before progressing to Marischal College, Aberdeen in 1699. After briefly attending the
University of Edinburgh The University of Edinburgh (, ; abbreviated as ''Edin.'' in Post-nominal letters, post-nominals) is a Public university, public research university based in Edinburgh, Scotland. Founded by the City of Edinburgh Council, town council under th ...
in 1705, he completed his legal studies at Leyden University in the Netherlands. He returned home in 1707 and in October 1708 married Mary Rose (1690-before 1717), daughter of Hugh Rose, 15th of Kilravock, whose family owned nearby Kilravock Castle. Forbes inherited the Culloden estates when his elder brother died childless in 1734 and these later passed to his son John (1710-1772).


Career

The 1707 Union combined Scotland and England into the
Kingdom of Great Britain Great Britain, also known as the Kingdom of Great Britain, was a sovereign state in Western Europe from 1707 to the end of 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, which united the Kingd ...
but the two countries retained separate legal systems. Reconciling the two led to an increase in legal work; Forbes was admitted to the Scottish Faculty of Advocates on 26 July 1709, a professional body with less than 200 members in 1714. Like their father, the Forbes and their associates were political allies of John Campbell, 2nd Duke of Argyll; from 1713 to 1727, John Forbes was MP for Inverness-shire, then Nairnshire, both controlled by Argyll. Other members of this circle included Duncan's brother-in-law Hugh Rose and his cousin George (1685-1765), who from 1741 to 1747 was MP for Ayr Burghs, another constituency controlled by Argyll. In 1714, Forbes was appointed Sheriff-depute for Edinburghshire and Deputy lieutenant for Inverness-shire. During the
Jacobite Rising of 1715 The Jacobite rising of 1715 ( ; or 'the Fifteen') was the attempt by James Francis Edward Stuart, James Edward Stuart (the Old Pretender) to regain the thrones of Kingdom of England, England, Kingdom of Ireland, Ireland and Kingdom of Scotland ...
, his patron Argyll was government commander in Scotland; the Forbes brothers raised a number of independent companies and fortified Culloden and Kilvarock. They joined forces with Lord Lovat and captured Inverness, just before the Rising ended at the
Battle of Sheriffmuir The Battle of Sheriffmuir (, ) was an engagement in 1715 at the height of the Jacobite rising of 1715, Jacobite rising in Scotland. The battlefield has been included in the Inventory of Historic Battlefields in Scotland and protected by Histor ...
. In recognition of his services, Forbes was made Depute-Advocate in March 1716. This required him to prosecute Jacobite prisoners, many of whom had been moved to
Carlisle Carlisle ( , ; from ) is a city in the Cumberland district of Cumbria, England. Carlisle's early history is marked by the establishment of a settlement called Luguvalium to serve forts along Hadrian's Wall in Roman Britain. Due to its pro ...
for trial. Forbes considered this unfair, as it was contrary to the accepted practice they be tried in the counties where the actions were alleged to have taken place. He allegedly collected money for their support and also wrote to Sir
Robert Walpole Robert Walpole, 1st Earl of Orford (; 26 August 1676 – 18 March 1745), known between 1725 and 1742 as Sir Robert Walpole, was a British Whigs (British political party), Whig statesman who is generally regarded as the ''de facto'' first Prim ...
recommending clemency, which led to accusations he was pro-Jacobite. This did not affect his career and in 1721, he became MP for Ayr Burghs; in 1722, he was elected for Inverness Burghs, which he held until 1737. Forbes was appointed Lord Advocate in 1725, an office increased in importance by the suspension and later abolition of the position of Secretary of State. He was almost immediately involved in the 1725
malt tax riots The malt tax riots were a wave of protest against the extension of the English malt tax to Scotland. The riots began in Hamilton, Scotland, Hamilton on 23 June 1725 and soon spread throughout the country. The fiercest protests, the Shawfield rio ...
, caused by protests against a new tax that increased the price of beer. These affected many cities, the largest in
Glasgow Glasgow is the Cities of Scotland, most populous city in Scotland, located on the banks of the River Clyde in Strathclyde, west central Scotland. It is the List of cities in the United Kingdom, third-most-populous city in the United Kingdom ...
, where rioters sacked the house of Daniel Campbell, MP for Glasgow or Clyde Burghs, who voted for the tax in Parliament. Forbes ordered the arrest of several Glasgow magistrates suspected of inciting the unrest; they were soon released and the government made a number of concessions, although Daniel Campbell was awarded £6,080 in compensation. Following the 1737 Porteous Riots in
Edinburgh Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...
, a bill was introduced in Parliament imposing penalties on the city, which was opposed by Argyll and Scots MPs in the
Commons The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons ...
, Forbes included. His speeches of 16 May and 9 June on this topic were his last in Parliament; on 21 June, he resigned as an MP and took up the position of
Lord President of the Court of Session The Lord President of the Court of Session and Lord Justice General () is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. ...
, becoming the senior legal officer in Scotland.


Role during the 1745 Rebellion

The failure of the 1719 Rising meant many Jacobites viewed the Stuart cause as hopeless and sought to return home. Pardoning them worked for the government, since it was clear the Highlands could not be governed without the co-operation of the clan chiefs. In addition, sales of confiscated property were either delayed by legal arguments or reduced by fictitious debts, with former rebels often aided in this process by their loyalist friends and neighbours. This built links of obligation and friendship between the two sides and explains the bitterness displayed after 1745 towards those like Lord George Murray, pardoned for their roles in 1715 and 1719. Although many Scots remained opposed to the 1707 Union and the malt tax and Porteous riots showed a lack of sensitivity by the London government, these were minor issues; Glasgow, centre of the 1725 protests, remained resolutely anti-Jacobite in 1745. In March 1743, the Highland-recruited 42nd Regiment or Black Watch was posted to
Flanders Flanders ( or ; ) is the Dutch language, Dutch-speaking northern portion of Belgium and one of the communities, regions and language areas of Belgium. However, there are several overlapping definitions, including ones related to culture, la ...
to fight in the
War of the Austrian Succession The War of the Austrian Succession was a European conflict fought between 1740 and 1748, primarily in Central Europe, the Austrian Netherlands, Italian Peninsula, Italy, the Atlantic Ocean and Mediterranean Sea. Related conflicts include King Ge ...
, despite Forbes warning this was contrary to an understanding their service was restricted to Scotland. A short-lived mutiny was suppressed and the regiment gained an impressive fighting record during the next few years. By 1737, the exiled Stuart claimant James Francis Edward was reportedly 'living quietly in Rome, having abandoned all hope of a restoration.' This changed in 1740 after the war placed Britain and France on opposing sides;
Louis XV Louis XV (15 February 1710 – 10 May 1774), known as Louis the Beloved (), was King of France from 1 September 1715 until his death in 1774. He succeeded his great-grandfather Louis XIV at the age of five. Until he reached maturity (then defi ...
proposed a landing in England in early 1744 to restore the Stuarts, primarily to divert British resources from Flanders. As demonstrated in 1708 and 1719, threatening an invasion was far more cost effective than an actual one and the plan was abandoned after the French fleet was severely damaged by winter storms in March. In August 1744, Prince Charles met Jacobite agent Murray of Broughton in
Paris Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, largest city of France. With an estimated population of 2,048,472 residents in January 2025 in an area of more than , Paris is the List of ci ...
, telling him he was "determined to come to Scotland ...though with a single footman". His arrival on Eriskay on 23 July took both sides by surprise; even then, "the cold reality sthat he was unwanted and unwelcomed". Despite being urged to return to France immediately, enough Scots were eventually persuaded and the 1745 Rising launched on 19 August. Forbes received confirmation of the landing on 9 August, which he forwarded to London. The military commander in Scotland Sir John Cope had only 3,000 soldiers available, many untrained recruits and initially could do little to suppress the rebellion. Forbes instead used personal relationships to keep people loyal and though unsuccessful with some, many others stayed on the sidelines as a result. His efforts were recognised by both sides; a Jacobite commentator later wrote that 'had the Lord President been as firm a friend of the Stuarts as he was an opponent,...we should have seen an army of 18,000, not 5,000 invade England.' After the Jacobite entry into Edinburgh and their victory at Prestonpans in September, Forbes and John Campbell, Earl of Loudoun based themselves in Inverness with around 2,000 recruits, sending regular updates to General George Wade in Newcastle. Acting on instructions from Lovat, the Frasers attempted to kidnap Forbes in October, then attacked Fort Augustus in December; Lovat was arrested but escaped without difficulty in early January. Forbes and Loudon relocated to the
Isle of Skye The Isle of Skye, or simply Skye, is the largest and northernmost of the major islands in the Inner Hebrides of Scotland. The island's peninsulas radiate from a mountainous hub dominated by the Cuillin, the rocky slopes of which provide some of ...
in early February after the Jacobites abandoned the siege of Stirling Castle and retreated to Inverness. After the Battle of Culloden in April ended the Rising, Forbes supported severe penalties for the leaders, especially repeat offenders like Murray and Lovat but counselled 'Unnecessary Severitys create Pity.' He opposed the 1746 Dress Act banning Highland attire, arguing enforcement of the 1716 Disarming Act was more important. This advice was largely ignored by Cumberland, who wrote ''...he is Highland mad...and believes once dispersed, the rebels are no more consequence than a London mob.'' When Flora MacDonald was arrested and sent to London for helping Charles escape, Forbes arranged for her to be held in a private residence until released by the Act of Indemnity in June 1747. Forbes was financially ruined by the Rising; his estate was badly damaged during the battle, while he was never reimbursed for the monies spent on behalf of the government. He died on 10 December 1747 and was buried in
Greyfriars Kirkyard Greyfriars Kirkyard is the graveyard surrounding Greyfriars Kirk in Edinburgh, Scotland. It is located at the southern edge of the Old Town, Edinburgh, Old Town, adjacent to George Heriot's School. Burials have been taking place since the late 1 ...
, near to his brother John. The grave lies south of the church and is marked by a stone slab added in the 1930s by the Saltire Society. A statue of him by
Louis-François Roubiliac Louis-François Roubiliac (or Roubilliac, or Roubillac) (31 August 1702 – 11 January 1762) was a French sculpture, sculptor who worked in England. One of the four most prominent sculptors in London working in the rococo style, he was described ...
was erected in the
Parliament House, Edinburgh Parliament House (), located in the Old Town, Edinburgh, Old Town in Edinburgh, Scotland, is a historic Parliament building, parliament and Courthouse, court building containing several buildings which now houses the Supreme Courts of Scotland ...
by the Faculty of Advocates in 1752.


Legacy

In 1690, his father was granted the right to distil whisky in the barony of Ferintosh without being subject to the normal excise regulations. His son John married his cousin Jean in 1749 and restored the family fortunes by enlarging an existing distillery at Ferintosh and building three more. Forbes wrote a number of theological works, including ''A Letter to a Bishop, concerning some important Discoveries in Religion and Theology,'' ''Some Thoughts concerning Religion, natural and revealed … tending to show that Christianity is, indeed, very near as old as the Creation,'' and ''Reflections on the Sources of Incredulity with respect to Religion.'' He campaigned against the 'excessive use of tea,' claiming it threatened the commercial prosperity of the country and wanted to limit its use to those with an income under £50 a year. A keen golfer, he was a founder of the Gentlemen Golfers of Leith and despite his strict Presbyterianism, a friend and tenant of Francis Charteris. A notorious sexual predator and gambler who became extremely wealthy from the 1720
South Sea bubble South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both west and east. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþa ...
, Charteris allegedly appears in
William Hogarth William Hogarth (; 10 November 1697 – 26 October 1764) was an English painter, engraving, engraver, pictorial social satire, satirist, editorial cartoonist and occasional writer on art. His work ranges from Realism (visual arts), realistic p ...
's paintings, '' A Rake's Progress'' and '' A Harlot's Progress'' (see Plate). Accused of rape for the third time in 1730, he was sentenced to death; the Earl of Egmont wrote in his diary ''All the world agree he deserved to be hanged long ago, but they differ whether on this occasion''. Fog's Weekly Journal of 14 March 1730 reported ''No Rapes have been committed for three Weeks past. Colonel Francis Charteris is still in Newgate.'' Forbes acted as his lawyer and is said to have been instrumental in obtaining a pardon; Charteris left him £1000 when he died in 1732. He enjoyed playing golf in the snow on Leith Links and was subject of the humorous poem "The Goff" by Rev Thomas Mathieson of
Brechin Brechin (; ) is a town and former royal burgh in Angus, Scotland. Traditionally Brechin was described as a city because of its cathedral and its status as the seat of a pre-Scottish Reformation, Reformation Roman Catholic diocese (which contin ...
. In 1744 he competed unsuccessfully against Hew Dalrymple, Lord Hailes and others for the silver golf club awarded by Edinburgh Town Council as a prize for the best golfer.


In Fiction

Duncan Forbes of Culloden is mentioned in Robert Louis Stevenson, ''
Catriona Catriona is a feminine given name in the English language. It is an Anglicisation of the Irish Caitríona or Scottish Gaelic Catrìona, which are forms of the English Katherine Katherine (), also spelled Catherine and Catherina, other var ...
'' (1893), the sequel to '' Kidnapped''. He features as a character in Neil Munro's novel, '' The New Road'' (1914) and
Naomi Mitchison Naomi Mary Margaret Mitchison, Baroness Mitchison (; 1 November 1897 – 11 January 1999) was a List of Scottish novelists, Scottish novelist and poet. Often called a doyenne of Scottish literature, she wrote more than 90 books of historical an ...
's novel, ''The Bull Calves'' (1947).


Footnotes


References


Sources

* * * * * * * * * * * * * * * * * *


External links

* * * * * ''A Letter from a Fyfe Gentleman, at present in Edinburgh, to the Chief Magistrate of a Burgh in Fyfe, Upon the present Situation, with regard to the Malt-Tax, By the Author of a former Letter from Fyfe upon the same Subject, dated 31 December 1724''. Millar’s uncertainty over whether the material he sent constituted a “pamphlet” might imply that ''A Letter'' was meant to be supplemented by further pamphlets by the same author. {{DEFAULTSORT:Forbes, Duncan 1685 births 1747 deaths Members of the Parliament of Great Britain for Scottish constituencies Lord advocates Culloden Members of the Faculty of Advocates Alumni of the University of Edinburgh Leiden University alumni Deputy lieutenants of Inverness-shire Lords President of the Court of Session British MPs 1715–1722 British MPs 1722–1727 British MPs 1727–1734 British MPs 1734–1741 Burials at Greyfriars Kirkyard Scottish male golfers Alumni of the University of Aberdeen