DOWN MEMORY LANE: Dedication to the Highlands cost Duncan Forbes dearly in London

Duncan Forbes’ role as Scotland’s Lord Advocate from 1725 proved even more powerful as the position of Secretary of State was scrapped, writes columnist Bill McAllister.

After 12 years in that post, the Invernessian stepped down as an MP to become Lord President of the Court of Session, the country’s leading legal officer.

Though still loyal to the Crown and his ally the Duke of Argyll, Forbes expressed unhappiness when the Black Watch, or 42nd regiment, of Highland troops was despatched to Flanders – against the understanding that they would only serve in Scotland. In August1744, Forbes sent an urgent message to the government that Prince Charles Edward Stuart had landed and launched his Jacobite Rising.

While many clansmen flocked to the rebel banner, Forbes used his formidable network of contacts with clan chiefs to persuade key sections to stay out of the fight. Parts of the Macleod and Macdonald clans took his advice.

Forbes’ personal safety came under threat as the Rising developed. Following the Jacobite victory over Sir John Cope’s government army at Prestonpans, Forbes helped raise independent companies to enable John Campbell, the Earl of Loudon, to assemble 2000 recruits to defend Inverness.

Read more: DOWN MEMORY LANE; Part one of Bill McAllister's look back at the life of Duncan Forbes

The Frasers of Lovat tried to kidnap Forbes then managed to arrest him in December 1745, but within a month he had escaped and, as the Jacobites retreated north to Inverness, Forbes and Loudon sought safety on Skye.

As the Duke of Cumberland’s professional army rolled north, the scene was set for the bloody collision at Culloden which ended so disastrously for the Jacobites. Duncan Forbes’ Culloden House had been used as HQ for several days by Bonnie Prince Charlie and his officers. The house and estate were pillaged by the Jacobites then badly damaged during and after the battle. This left its owner facing a bleak financial future, although he fully anticipated a grateful government reimbursing him. After all, Forbes had gone to significant personal expense to help its cause.

But while he had publicly endorsed severe penalties for the Jacobite leaders, he was much more sympathetic to the plight of the rank and file Jacobite prisoners.

Disturbed by some of the post-battle episodes, Forbes warned that “unnecessary severity” could trigger a backlash. He was ignored and considered unduly soft-hearted.

His opposition to the Act of Parliament banning the use of Highland dress also earned him black marks.

Forbes, who remained Lord President, still carried some power. When Flora MacDonald was despatched to London for assisting in Charles Edward Stuart’s escape, he interceded to ensure she was held in a private house rather than prison, until her release.

He was, curiously enough, a keen golfer and founder of the Gentlemen Golfers of Leith. When a Jacobite who was a fellow member of the club was arrested, Forbes successfully interceded on his behalf.

The man they dubbed ‘Butcher’ Cumberland described Forbes as “Highland mad”. He said: “The Lord President is no Jacobite, but is a Highlander and carries that to dangerous lengths.”

Forbes gained great respect among Highlanders for his efforts to mitigate the post-Culloden reprisals. That, however, came at the cost of his influence slipping away – and the government failing to reimburse its loyal servant for his wrecked estate.

This refusal left Duncan Forbes facing a tide of debt which affected his health and the fifth Laird of Culloden died on December 1747. His son and heir, John, however, would succeed in expanding the family’s Black Isle distilleries at Ferintosh, becoming Scotland’s major whisky producer, enabling him to cover his father’s debts. In turn, his son, Arthur, would completely rebuild Culloden House between 1772 and 1788. Duncan Forbes, an outstanding son of Inverness, had paid a price for his principles.

A Jacobite writer expressed grudging admiration, writing: “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 5000, invade England.”

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