Duncan Forbes (judge)
Encyclopedia
Duncan Forbes, Lord Culloden (10 Nov 1685 – 10 Dec 1747) was a Scottish
politician and judge. He was President of the Court of Session.
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,, 303 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., State Trials, xiv. 1311 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.
26 July 1709, and was soon afterwards appointed sheriff
of Midlothian
. and ) 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.Culloden Papers, pp. 61–5 His sentiments exposed him to suspicion of Jacobite
leanings.
In 1721–2 Forbes was M.P. for Ayr burgh
. In 1722 he stood against Alexander Gordon of Ardoch for the Inverness Burghs
. Gordon was returned, but upon a petition Forbes was declared to be duly elected. He had already been frequently employed as counsel in appeals to the House of Lords, and he made acquaintance with many eminent statesmen, and, it is said, with Alexander Pope
, Dr. Arbuthnot
, and their circle.Scots Mag. lxiv. 539 He knew James Thomson, who apostrophises him in ‘Autumn,’ and patronised Thomas Ruddiman
and other men of letters. On 29 May 1725 he was appointed Lord Advocate
in succession to Robert Dundas of Arniston
, and is said to have distinguished himself by his humanity. His salary was only £500 or £600 a year, and he had to discharge many of the duties previously attached to the office of secretary of state for Scotland, which was suspended during the years 1725–1731, and finally abolished in 1746.
Forbes had to take active measures during the troubles which arose from the extension of the English system of taxation to Scotland. A riot took place at Glasgow in 1725, when Shawfield, the house of Daniel Campbell
, M.P. for Glasgow, who had supported the malt tax, was sacked by the mob. Forbes at once accompanied a force, commanded by General Wade, which marched upon Glasgow. Forbes, as lord advocate, ordered the arrest of the Glasgow magistrates for their negligence, and brought them, with some of the rioters, to Edinburgh., Analecta, Maitland Club, iv. 215–17 They were liberated after a short time. The same act provoked a strike of the Edinburgh brewers, who had been ordered by the court of session to sell their ale at a fixed price. The court, at Forbes's request, ordered them to continue their trade, and threatened to commit them to prison. After a sharp dispute the brewers yielded, and Forbes received warm thanks from Walpole. He afterwards proposed very stringent regulations for the protection of the revenue. Forbes was a tenant of the infamous Francis Charteris, at the old manor house of Stoneyhill, near Edinburgh. The anonymous biographer says that he defended Charteris, who died in 1732. In gratitude for this and for some other reasons Charteris left him ₤1,000 and the life-rent of Stoneyhill., pp. 309, 310
In 1735 Forbes succeeded to the family estates on the death of his brother, and undertook agricultural improvements at Bunchrew, a small property near Culloden. In 1737 he took a conspicuous part in opposing the bill inflicting penalties upon the city of Edinburgh for the Porteous Riots
. He made two firm, though temperate, speeches‘Parliamentary History’ (x. 248, 282) on 16 May and 9 June. The Duke of Argyll and all the Scottish members took the same side, and the bill was reduced to a measure ‘for making the fortune of an old cook-maid’ (Mrs. Porteous), and even then carried by a casting vote. Though Forbes had thus opposed government while holding an official position, he was immediately appointed President of the Court of Session, and took his seat 21 June 1737. He soon gained a very high character as a judge.Culloden PapersEdinb. Rev. xxvi. 108 Many of the cases which he decided are given in Kilkerran's reports. He immediately made regulations for improving the despatch of business, and reported in February 1740 that all arrears had been cleared off., p. 361 He enforced respect for his office upon all classes, and at the same time laboured at other incidental tasks. He made an elaborate investigation, at the request of the House of Lords, into the origin and history of Scottish peerages. He tried hard to convert various friends to a favourite crotchet. He held that the commercial prosperity of the country, otherwise in a satisfactory state, was threatened by the ‘excessive use of tea.’ He proposed to limit the use of tea by all persons with an income under £50 a year. But memorials to the solicitor-general, Murray (afterwards Lord Mansfield), and other eminent persons met no response.
The approach of the Jacobite Rising of 1745
brought more serious difficulties. Forbes strongly, but vainly, urged preventive measures, and especially the plan, afterwards adopted by Chatham, of the formation of highland regiments., p. 368 In August 1745 he went to Inverness and corresponded with many of the highland leaders, especially Lovat, who had been known to his father, intimate with his brother John, and had kept up a friendly correspondence with Duncan Forbes since 1715.ib. p. 119 Forbes had assisted Lovat in some of his complex lawsuits.ib. pp. 127, 128 Forbes now endeavoured to detach Lovat from the Pretender
's cause. Lovat's clan made a sudden raid upon Culloden, which was fortified and garrisoned; but Lovat disavowed his complicity, and for a time kept to his mask.ib. pp. 227–42 Forbes was meanwhile left, by Sir John Cope's departure to the south in September, the sole representative of government in the north of Scotland. Blank commissions were sent to him for distribution among the loyal clans. After the battle of Prestonpans
his position became very difficult. He was joined by the Earl of London, and they raised a force of two thousand men. When the highlanders moved northwards in the beginning of 1746 Forbes and Loudon retreated into Ross-shire, and ultimately to Skye, where they heard of the battle of Culloden. Forbes then returned to Inverness. He protested against the cruelties of the Duke of Cumberland, who showed his spirit by calling Forbes ‘that old woman who talked to me about humanity’.ib. p. 382 Forbes had been obliged to raise sums upon his own credit. ‘Small sums’ amounted to £1,500, and he advanced besides three times his annual rents. The consequent anxiety and the labours which he had gone through seem to have broken his health. He died 10 Dec. 1747. A statue by Louis-François Roubiliac
was raised to him in the parliament house at Edinburgh.
He left an only son, John, who was a friend of Thomson's, and is said to be described as the ‘joyous youth’ who kept the Castle of Indolence
in a ‘gay uproar.’ He entered the army, served at the Battle of Fontenoy
, and after his father's death lived in retirement at Stradishall, Suffolk, slowly paying off the encumbrances upon his paternal estates.
, who had been grossly insulted during one of the usual convivial parties at a funeral by a Mr. Bridgeton, and, trying to stab Bridgeton, had killed Lord Strathmore
., State Trials, xvii. 73–154 Carnegie was acquitted after long arguments, in which frequent reference was made to the Mosaic law and Jewish cities of refuge. Forbes, according to his anonymous biographer, was so much impressed by these arguments that he set to work to learn Hebrew. The result of his studies appeared in three treatises, which were published soon after his death as his ‘Works, now first collected’ (undated). They contain:
The two first were translated into French by Charles François Houbigant
in 1769; but, it is said, ‘the solidity of a Scottish lawyer could not be expected to suit with the vivacity of French reasoners.’ Another peculiarity perhaps had more importance. Forbes was a follower of the fanciful school founded by John Hutchinson
, and afterwards represented by Bishop Horne, Jones of Nayland, Parkhurst, and others, with which his translator seems to have been in sympathy. His piety was superior to his scholarship, but his books show an attractive enthusiasm and seriousness. Warburton in 1750 (Letters, 2nd edition, p. 40) recommends the posthumous work on incredulity as ‘a little jewel. I knew and venerated the man,’ he adds; ‘one of the greatest that ever Scotland bred, both as a judge, a patriot, and a Christian.’ Though Warburton is not a safe critic, he seems to have expressed a general opinion.
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
politician and judge. He was President of the Court of Session.
Early life and education
He was born the second son of Duncan Forbes of CullodenDuncan Forbes of Culloden
Duncan Forbes was a Scottish politician, and supporter of the House of Hanover.-Life:Born and educated in Inverness. His father owned the estate of Culloden and was MP for Nairnshire....
and Bunchrew
Bunchrew
Bunchrew is a small village close to the south shore of Beauly Firth in the Highland council area of Scotland...
, near Inverness
Inverness
Inverness is a city in the Scottish Highlands. It is the administrative centre for the Highland council area, and is regarded as the capital of the Highlands of Scotland...
, 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,, 303 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
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
, under John Spottiswood, but, finding the teaching inadequate, proceeded in 1705 to Leyden
Leiden University
Leiden University , located in the city of Leiden, is the oldest university in the Netherlands. The university was founded in 1575 by William, Prince of Orange, leader of the Dutch Revolt in the Eighty Years' War. The royal Dutch House of Orange-Nassau and Leiden University still have a close...
. He had been present in March 1705 at the remarkable trial of Captain Thomas Green for piracy., State Trials, xiv. 1311 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
Kilravock Castle
Kilravock Castle is located near the village of Croy, between Inverness and Nairn, in Highland, Scotland. It was begun around 1460, and has been the seat of the Clan Rose since that time. The castle is a composite of a 15th century tower house and several later additions...
, near Culloden. She died early, though the exact date is not known, certainly before 1717.
Career
Duncan was admitted an advocateFaculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
26 July 1709, and was soon afterwards appointed sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
of Midlothian
Midlothian
Midlothian is one of the 32 council areas of Scotland, and a lieutenancy area. It borders the Scottish Borders, East Lothian and the City of Edinburgh council areas....
. and ) This appointment was due to the favour of John Campbell, 2nd Duke of Argyll
John Campbell, 2nd Duke of Argyll
Field Marshal John Campbell, 2nd Duke of Argyll, 1st Duke of Greenwich KG , known as Iain Ruaidh nan Cath or Red John of the Battles, was a Scottish soldier and nobleman.-Early Life:...
. 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
Jacobite Rising of 1715
The Jacobite rising of 1715, often referred to as The 'Fifteen, was the attempt by James Francis Edward Stuart to regain the British throne for the exiled House of Stuart.-Background:...
he distinguished himself by loyal exertions against the rebels. His brother John joined the famous Simon Fraser, 11th Lord Lovat
Simon Fraser, 11th Lord Lovat
Simon Fraser, 11th Lord Lovat , was a Scottish Jacobite and Chief of Clan Fraser, who was famous for his violent feuding and his changes of allegiance. In 1715, he had been a supporter of the House of Hanover, but in 1745 he changed sides and supported the Stuart claim on the crown of Scotland...
, 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
Battle of Sheriffmuir
The Battle of Sheriffmuir was an engagement in 1715 at the height of the Jacobite rebellion in England and Scotland.-History:John Erskine, 6th Earl of Mar, standard-bearer for the Jacobite cause in Scotland, mustered Highland chiefs, and on 6 September declared James Francis Edward Stuart as King...
. 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
Robert Walpole
Robert Walpole, 1st Earl of Orford, KG, KB, PC , known before 1742 as Sir Robert Walpole, was a British statesman who is generally regarded as having been the first Prime Minister of Great Britain....
, protesting against severity to the rebels.Culloden Papers, pp. 61–5 His sentiments exposed him to suspicion of Jacobite
Jacobitism
Jacobitism was the political movement in Britain dedicated to the restoration of the Stuart kings to the thrones of England, Scotland, later the Kingdom of Great Britain, and the Kingdom of Ireland...
leanings.
In 1721–2 Forbes was M.P. for Ayr burgh
Ayr Burghs (UK Parliament constituency)
Ayr Burghs was a district of burghs constituency of the House of Commons of the Parliament of Great Britain from 1708 to 1800 and of the House of Commons of the Parliament of the United Kingdom from 1801 to 1950...
. In 1722 he stood against Alexander Gordon of Ardoch for the Inverness Burghs
Inverness Burghs (UK Parliament constituency)
Inverness Burghs was a district of burghs constituency of the House of Commons of the Parliament of Great Britain from 1708 to 1801 and of the Parliament of the United Kingdom from 1801 to 1918...
. Gordon was returned, but upon a petition Forbes was declared to be duly elected. He had already been frequently employed as counsel in appeals to the House of Lords, and he made acquaintance with many eminent statesmen, and, it is said, with Alexander Pope
Alexander Pope
Alexander Pope was an 18th-century English poet, best known for his satirical verse and for his translation of Homer. He is the third-most frequently quoted writer in The Oxford Dictionary of Quotations, after Shakespeare and Tennyson...
, Dr. Arbuthnot
John Arbuthnot
John Arbuthnot, often known simply as Dr. Arbuthnot, , was a physician, satirist and polymath in London...
, and their circle.Scots Mag. lxiv. 539 He knew James Thomson, who apostrophises him in ‘Autumn,’ and patronised Thomas Ruddiman
Thomas Ruddiman
Thomas Ruddiman was a Scottish classical scholar.-Life:He was born at Raggal, Banffshire, where his father was a farmer, and educated at the University of Aberdeen. Through the influence of Dr Archibald Pitcairne he became an assistant in the Advocates' Library, Edinburgh...
and other men of letters. On 29 May 1725 he was appointed Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
in succession to Robert Dundas of Arniston
Robert Dundas, Lord Arniston, the elder
Robert Dundas, Lord Arniston, the elder was a Scottish judge.The second son of Robert Dundas he served as Solicitor General for Scotland from 1717 to 1720 and as Lord Advocate from 1720 to 1725...
, and is said to have distinguished himself by his humanity. His salary was only £500 or £600 a year, and he had to discharge many of the duties previously attached to the office of secretary of state for Scotland, which was suspended during the years 1725–1731, and finally abolished in 1746.
Forbes had to take active measures during the troubles which arose from the extension of the English system of taxation to Scotland. A riot took place at Glasgow in 1725, when Shawfield, the house of Daniel Campbell
Daniel Campbell (d. 1753)
Daniel Campbell , or Donald Campbell, of Shawfield and Islay, was a leading Glasgow merchant and member of parliament, nicknamed “Great Daniel” because of his size and great wealth.-Dates:...
, M.P. for Glasgow, who had supported the malt tax, was sacked by the mob. Forbes at once accompanied a force, commanded by General Wade, which marched upon Glasgow. Forbes, as lord advocate, ordered the arrest of the Glasgow magistrates for their negligence, and brought them, with some of the rioters, to Edinburgh., Analecta, Maitland Club, iv. 215–17 They were liberated after a short time. The same act provoked a strike of the Edinburgh brewers, who had been ordered by the court of session to sell their ale at a fixed price. The court, at Forbes's request, ordered them to continue their trade, and threatened to commit them to prison. After a sharp dispute the brewers yielded, and Forbes received warm thanks from Walpole. He afterwards proposed very stringent regulations for the protection of the revenue. Forbes was a tenant of the infamous Francis Charteris, at the old manor house of Stoneyhill, near Edinburgh. The anonymous biographer says that he defended Charteris, who died in 1732. In gratitude for this and for some other reasons Charteris left him ₤1,000 and the life-rent of Stoneyhill., pp. 309, 310
In 1735 Forbes succeeded to the family estates on the death of his brother, and undertook agricultural improvements at Bunchrew, a small property near Culloden. In 1737 he took a conspicuous part in opposing the bill inflicting penalties upon the city of Edinburgh for the Porteous Riots
Porteous Riots
The Porteous Riots surrounded the activities of Captain John Porteous, , Captain of the City Guard of Edinburgh, Scotland, who was lynched by a mob for his part in the killing of innocent civilians while ordering the men under his command to quell a disturbance during a public hanging in the...
. He made two firm, though temperate, speeches‘Parliamentary History’ (x. 248, 282) on 16 May and 9 June. The Duke of Argyll and all the Scottish members took the same side, and the bill was reduced to a measure ‘for making the fortune of an old cook-maid’ (Mrs. Porteous), and even then carried by a casting vote. Though Forbes had thus opposed government while holding an official position, he was immediately appointed President of the Court of Session, and took his seat 21 June 1737. He soon gained a very high character as a judge.Culloden PapersEdinb. Rev. xxvi. 108 Many of the cases which he decided are given in Kilkerran's reports. He immediately made regulations for improving the despatch of business, and reported in February 1740 that all arrears had been cleared off., p. 361 He enforced respect for his office upon all classes, and at the same time laboured at other incidental tasks. He made an elaborate investigation, at the request of the House of Lords, into the origin and history of Scottish peerages. He tried hard to convert various friends to a favourite crotchet. He held that the commercial prosperity of the country, otherwise in a satisfactory state, was threatened by the ‘excessive use of tea.’ He proposed to limit the use of tea by all persons with an income under £50 a year. But memorials to the solicitor-general, Murray (afterwards Lord Mansfield), and other eminent persons met no response.
The approach of the Jacobite Rising of 1745
Jacobite Rising of 1745
The Jacobite rising of 1745, often referred to as "The 'Forty-Five," was the attempt by Charles Edward Stuart to regain the British throne for the exiled House of Stuart. The rising occurred during the War of the Austrian Succession when most of the British Army was on the European continent...
brought more serious difficulties. Forbes strongly, but vainly, urged preventive measures, and especially the plan, afterwards adopted by Chatham, of the formation of highland regiments., p. 368 In August 1745 he went to Inverness and corresponded with many of the highland leaders, especially Lovat, who had been known to his father, intimate with his brother John, and had kept up a friendly correspondence with Duncan Forbes since 1715.ib. p. 119 Forbes had assisted Lovat in some of his complex lawsuits.ib. pp. 127, 128 Forbes now endeavoured to detach Lovat from the Pretender
James Francis Edward Stuart
James Francis Edward, Prince of Wales was the son of the deposed James II of England...
's cause. Lovat's clan made a sudden raid upon Culloden, which was fortified and garrisoned; but Lovat disavowed his complicity, and for a time kept to his mask.ib. pp. 227–42 Forbes was meanwhile left, by Sir John Cope's departure to the south in September, the sole representative of government in the north of Scotland. Blank commissions were sent to him for distribution among the loyal clans. After the battle of Prestonpans
Battle of Prestonpans
The Battle of Prestonpans was the first significant conflict in the Jacobite Rising of 1745. The battle took place at 4 am on 21 September 1745. The Jacobite army loyal to James Francis Edward Stuart and led by his son Charles Edward Stuart defeated the government army loyal to the Hanoverian...
his position became very difficult. He was joined by the Earl of London, and they raised a force of two thousand men. When the highlanders moved northwards in the beginning of 1746 Forbes and Loudon retreated into Ross-shire, and ultimately to Skye, where they heard of the battle of Culloden. Forbes then returned to Inverness. He protested against the cruelties of the Duke of Cumberland, who showed his spirit by calling Forbes ‘that old woman who talked to me about humanity’.ib. p. 382 Forbes had been obliged to raise sums upon his own credit. ‘Small sums’ amounted to £1,500, and he advanced besides three times his annual rents. The consequent anxiety and the labours which he had gone through seem to have broken his health. He died 10 Dec. 1747. A statue by Louis-François Roubiliac
Louis-François Roubiliac
Louis-François Roubiliac was a French sculptor who worked in England, one of the four most prominent sculptors in London working in the rococo style, "probably the most accomplished sculptor ever to work in England", according to Margaret Whinney.-Works:Roubiliac was largely employed for portrait...
was raised to him in the parliament house at Edinburgh.
He left an only son, John, who was a friend of Thomson's, and is said to be described as the ‘joyous youth’ who kept the Castle of Indolence
The Castle of Indolence
The Castle of Indolence is a poem by James Thomson.The Castle of Indolence may also refer to:* The Castle of Indolence , a solitaire card game* The Castle of Indolence: On Poetry, Poets, and Poetasters, a book by Thomas Disch...
in a ‘gay uproar.’ He entered the army, served at the Battle of Fontenoy
Battle of Fontenoy
The Battle of Fontenoy, 11 May 1745, was a major engagement of the War of the Austrian Succession, fought between the forces of the Pragmatic Allies – comprising mainly Dutch, British, and Hanoverian troops under the nominal command of the Duke of Cumberland – and a French army under Maurice de...
, and after his father's death lived in retirement at Stradishall, Suffolk, slowly paying off the encumbrances upon his paternal estates.
Works
Forbes is also known as the author of some theological works. As lord advocate he had been engaged in 1728 in the prosecution of James Carnegie of FinhavenCarnegie of Finhaven
Carnegie of Finhaven is famous for his trial for the killing of Charles Lyon, 6th Earl of Strathmore and Kinghorne which resulted in the not guilty verdict becoming a recognised part of Scots law and establishment the right of Scots juries to judge the whole case and not just the facts, a right...
, who had been grossly insulted during one of the usual convivial parties at a funeral by a Mr. Bridgeton, and, trying to stab Bridgeton, had killed Lord Strathmore
Charles Lyon, 6th Earl of Strathmore and Kinghorne
Charles Lyon, 6th Earl of Strathmore and Kinghorne was a Scottish peer and the son of John Lyon, 4th Earl of Strathmore. His exact date of birth is unknown but he was baptised on 12 July 1699....
., State Trials, xvii. 73–154 Carnegie was acquitted after long arguments, in which frequent reference was made to the Mosaic law and Jewish cities of refuge. Forbes, according to his anonymous biographer, was so much impressed by these arguments that he set to work to learn Hebrew. The result of his studies appeared in three treatises, which were published soon after his death as his ‘Works, now first collected’ (undated). They contain:
- A Letter to a Bishop, concerning some important Discoveries in Religion and Theology, 1732 (an exposition of Hutchinson's ‘Moses's Principia’).
- Some Thoughts concerning Religion, natural and revealed … tending to show that Christianity is, indeed, very near as old as the Creation, 1735 (an answer to Tindal's ‘Christianity as Old as the Creation,’ chiefly from prophecy).
- Reflections on the Sources of Incredulity with respect to Religion (posthumous).
The two first were translated into French by Charles François Houbigant
Charles François Houbigant
Charles François Houbigant was a French Oratorian Biblical scholar.-Life:He entered the Congregation of the Oratory in 1704 and, after his studies, taught successively the classics at Juilly, rhetoric at Marseilles, and philosophy at Soissons...
in 1769; but, it is said, ‘the solidity of a Scottish lawyer could not be expected to suit with the vivacity of French reasoners.’ Another peculiarity perhaps had more importance. Forbes was a follower of the fanciful school founded by John Hutchinson
John Hutchinson (writer)
John Hutchinson was an English theological writer.He was born at Spennithorne, Yorkshire, and served as steward in several families of position, latterly in that of the Duke of Somerset, who ultimately obtained for him the post of riding purveyor to the master of the horse, a sinecure worth about...
, and afterwards represented by Bishop Horne, Jones of Nayland, Parkhurst, and others, with which his translator seems to have been in sympathy. His piety was superior to his scholarship, but his books show an attractive enthusiasm and seriousness. Warburton in 1750 (Letters, 2nd edition, p. 40) recommends the posthumous work on incredulity as ‘a little jewel. I knew and venerated the man,’ he adds; ‘one of the greatest that ever Scotland bred, both as a judge, a patriot, and a Christian.’ Though Warburton is not a safe critic, he seems to have expressed a general opinion.