Celebrating ones of Scotland's most famous judges - 275 years after his death

THIS week sees the 275th anniversary of the death of one of Scotland’s most famous judges, Duncan Forbes, often known by the name of the estate he owned, which just happened to be Culloden.

The Culloden estate with its proximity to Inverness had been in the family for generations and after Duncan’s father sided with the Hanoverians against the Jacobite rising of 1689 it was attacked and ruined by the Highlanders led by John Graham of Claverhouse, better known as Bonnie Dundee. For his support of William of Orange, the Forbes family were allowed to build legal

Duncan and John Forbes played an active part in suppressing the 1715 Jacobite Rising, leading their own soldiers around Inverness. The following year he was made Advocate Depute and was expected to prosecute Jacobite prisoners, but said that was unfair because they were being tried in Carlisle when the law said their trials should be held in their own country.

It was another riot, this time in Edinburgh, which saw Forbes exit Parliament. The Porteous Riots of 1736 which saw the Edinburgh Mob lynch Captain Porteous of the city guard ended with Parliament fining the city. Forbes spoke against this fine and soon afterwards he resigned to become Lord President of the Court of Session.

Forbes already had his own solution to the problem of the Jacobite Highlanders, which was to take away their arms. His speech on the Disarming Act, originally passed in 1716 and renewed after the ’45 shows his wariness about the Highlanders.

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