Page:Dictionary of National Biography volume 19.djvu/390

 and also for the specific purpose of warranting a grant or confirmation of arms by the Lord Lyon, he compiled in 1698 ‘Ane Account of the Familie of Innes,’ a very honest, painstaking work. Long after it had served its first purpose the work had become known from Pennant having extracted from it the account of the family tragedy of 1580 (Tour in Scotland, 5th edit. i. 331–7). A formal copy being found in the Innes charter-chest along with the Lord Lyon's patent, they were privately printed at Edinburgh in 1820 at the expense of the then Duke of Roxburghe, who wanted, as he afterwards observed to a friend, ‘to show those proud Kerrs that he was of as good blood on his father's side as on his great-grandmother's.’ Another edition was edited for the Spalding Club in 1864 by Cosmo Innes, who had discovered the author's original manuscript at Culloden. Appended are valuable charters and notes, chiefly from the Innes charter-chest at Floors, and from those of Leuchars and Dunkintie. Following a suggestion of Forbes, a member of the family, Robert Innes of Blairtoun in Balhelvie, writer to the signet and Lyon clerk, copied the early part of Forbes's manuscript and added his own genealogy down to 1729; it is now preserved at Edingicht, Banffshire. Forbes died 20 June 1704. He had, with seven daughters, two sons: John, who succeeded him in the representation of Nairnshire, and died without issue in 1734; and [q. v.], lord president of the court of session. Forbes is represented as a person of great worth; he certainly possessed some share of the ability which shone in the next generation of his house. He had turned his attention, as his son Duncan did afterwards, to the dangerous state of the clans, and is known as the author of ‘A Plan for Preserving the Peace of the Highlands.’ His ‘MS. Diary,’ to judge from the extract given in the Introduction to the ‘Culloden Papers,’ would be well worth printing.



FORBES, DUNCAN (1685–1747), president of the court of session, born 10 Nov. 1685, was the second son of (1644?–1704) [q. v.], 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, see, 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. He was admitted an advocate 26 July 1709, and was soon afterwards appointed sheriff of Midlothian ( and ). This appointment was due to the favour of John, second 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 gratuitously, though he might have had 500l. or 600l. 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. In 1715 he distinguished himself by loyal exertions against the rebels. His brother John joined the famous, twelfth lord Lovat [q. v.], 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