called the cotemporary of Mr. Forbes; and of Lord Woodhouselee, whose opportu nities of knowledge gave him the same advantage in judging as if he had lived in his society. The first observes, "Duncan Forbes, of Culloden, born a younger brother and bred to the law, had passed through the different offices of that profession which usually lead to the chair, universally esteemed, and thought still worthy of a higher office than the one he held. When called to preside in the supreme court of justice in Scotland, he fully answered the expectations of his countrymen; his manners gave a lustre to the dignity of his station, and no president of the Court of Session was ever more respected or beloved." Lord Woodhouselee" gives the following animated delineation in his life of Lord Kaims: "Duncan Forbes, of Culloden, was in all respects one of the most eminent men of his time. His learning was extensive and profound, reaching even to the Oriental languages; and he had that acuteness and subtilty of parts, which is peculiarly fitted to the nice discriminations of the law; but which was always regulated in him by the prevailing principles of his nature, probity, candour, and a strong sense of the beauty of virtue and moral excellence. His warmth of heart made him a man of religion; and as all his feelings were ardent, his piety, of course, was fervent and habitual. This disposition, co-operating with a lively imagination, led him to become an admirer and disciple of the Hutchinsonian scheme of Theology, which professes to find in the Holy Scriptures, when interpreted according to the radical import of the Hebrew expressions, a complete system of natural philosophy, as well as of religious instruction. He had not enough of physical science to detect the absurdities with which the scheme of his favourite author abounds; but it delighted his imagination, and coincided with his religious propensities; and in the writings which he published in support of that scheme (his Letter to a Bishop, and his Thoughts concerning Religion, Natural and Revealed), he is allowed to be the ablest of all the expositors of the Hutchinsonian system of theology. In the eloquence of the bar, Forbes outshone all his cotemporaries; for he united to great knowledge of jurisprudence, a quickness of comprehension that discovered to him at once the strong ground of argument which he was to press, or the weakness of the doctrine which he wished to assail. When raised to the Presidency of the court, the vigour of his intellect, his patience in the hearing of causes, his promptitude in the dispatch of business, the dignity of his deportment, and, above all, the known probity and integrity of his mind, gave the highest weight to the decisions of that tribunal over which he presided. When to these qualifications we add an extensive acquaintance with human nature, acquired and improved in a most active public life,

66 Lord Woodhouselee (like the sculptor of the pillar of Trajan) has had the art to exalt the principal -person in his group (Duncan Forbes), sine diminutione ullius.

and

and uniformly directed to the great ends of promoting the welfare and prosperity of his fellow citizens, and discharging his duty to God and to his country, we shall have some faint idea of the character of Duncan Forbes."

99

any

In his person Mr. Forbes was elegant and well formed; and his countenance, from the several paintings extant, appears much more animated and handsome than it is represented by his statue. The sculptor, however, not having the same advantages as the painter, we may rather rely upon the painting for the likeness, than upon the marble. As a husband, father, and brother, he was exemplary; and as a master, affable and indulgent. Although his studies", and the serious nature of his avocations, might be expected to affect his gaiety, that was not the case; for no man was in society more divested of care, or merrier, "within the limits of becoming mirth;" so that the first nobility and wits of the time were happy to "crack a bottle and a joke with him 68." In his friendships he was sincere and very steady; and those of merit, with whom he had in the early part of his life been intimate, never found that his elevation to fortune or office occasioned the smallest coolness or distance in him: indeed, so much the contrary was the case, that, from the terms of intimacy in which he was addressed by persons far below his own walk in life, he might be blamed for suffering a too great familiarity, did we not make allowance for their affection, and know that he was on every occasion remarkable for propriety, and, when it was requisite, for great dignity of deportment. He had, indeed, as several anecdotes attest, a happy facility in overcoming, by a facetious kindness, the diffidence and uneasiness of persons inferior to him in the gradation of society, when in his company. In his resentment of injury, he was moderate and placable; yet he was far from being easily brought to renew habits of intimacy with persons who abused his friendship, until atonement was made; and, being himself incapable of injustice, he was always careful to avoid the appearance of being insensible of improper behaviour of this sort, even at the time that he heartily forgave it. This principle of his conduct proceeded from the candour of his nature; and we must allow, that he who passes over as nothing the injustice of others, will not be scrupulously rigid in regulating himself. To his friendship the first families were often indebted for advice and assistance; and not a few confided to his integrity the care of their children, which was sometimes a troublesome and disagreeable task; for gratitude seldom follows the rigid performance of such duties. His knowledge of mankind was deep and extensive; and no man had

67 He is said to have read the Bible in Hebrew eight times over; and when intent upon study, he secluded himself for whole days entirely from society.

63 This expression is taken from a letter to the President from the Duke of Hamilton; and perhaps may, without impropriety, be admitted in a view of private life and character.

studied with more success the peculiar character, and motives for action, of the highlanders; which gave him great weight among them 69. This was increased by his boundless generosity, which prompted him to make others happy, with so little regard to his private fortune, that it often occasioned perplexity in his affairs; but it was strictly confined to the use of his own means; for he never used his influence to get a friend preferred to office from affection, unless he was fully capable of performing the duties of it: so that the interest of the public was never subservient to his partiality.

In political principles, he was what is called a whig of the old school; and he might be said to be one from hereditary right; as his father, grandfather, and greatgrandfather, were staunch in the same opinions. These were not out of fashion in the reign of George 2d, who often was pleased to give unequivocal proofs that he cherished the principles which placed his family on the throne. His religious opinions were liberal and tolerant to every persuasion; for he thought that God judged by the heart, and not by the mere exterior show, or by the observance of minute forms alone, which so often cover vice and hypocrisy. He was a sincere believer in, and defender of, the Scriptures, and the doctrines of Christianity; from which he derived a steady incentive to that virtue which he loved and practised throughout life, and rays of comfort in the hour of death.

We shall conclude by observing, that though he was engaged, through a long public life, in many affairs of peculiar delicacy, he had the merit of securing the applause, not only of those with whom he acted, but even of those against whom he was employed (a thing almost without example); and that his character for public and private excellence was such, that the revolution of many years may not again. bring forward such a man; for those who paint him truest, praise him most.

69 The following anecdote is so well authenticated, that we shall insert it, as a proof how well he was acquainted with the highlanders:

He was in the habit of sending his cattle to the west highlands, for the summer grazings. The tempta tion of keeping them, at last, became so great, that the foreman or manager of the gentleman who possessed the grazings was sent with the melancholy news that the cattle were stolen. The President was well aware of the real state of the case, and that showing any mistrust or resentment could avail nothing. Trusting to the point of honour, which he knew had the greatest weight with every true highlander, he ordered the messenger to be kept, and entertained for a fortnight with the excess of conviviality; and when he was setting out homewards he called for him, and gave him ten guineas, desiring him to tell his master, that the loss of a few cattle was nothing between two friends. All this had the effect desired; the foreman (like Henry the fourth, in the treaty for restoring Saluzzo, who would give no answer to any representation, but " I must have my marquisate,") answered every argument of his master, "Culloden must have his cattle ;" and, as he was a man entrusted with too many important secrets and affairs to be a contemptible enemy, the cattle were sent back to Culloden, with the joyful tidings that they were found. straying in the mountains.

1

His works were published after his death, in two volumes octavo. They consist of "Thoughts on Religion, natural and revealed;"" Reflections on the Sources of Incredulity in regard to Religion ";" and "A Letter to a Bishop, concerning some important Discoveries in Philosophy and Religion." They are written, as Lord Hailes says, in a "flowing and oratorial style ;" and they prove that he had dedicated much of his attention to theology and philosophy. He has been blamed for his partiality to some of Mr. Hutchinson's ideas regarding the explanation of passages in the Scriptures: he is, however, moderate, as well as clear and elegant, in the exposition of his opinions; and rather blames the severity of Mr. Hutchinson, in his attacks upon Sir Isaac Newton" and another antagonist.

It may not be disagreeable to our readers to know the fortune of his family after the decease of President Forbes. His son and heir, though far less eminent than his father in point of talents, was a sensible and honourable man, and a very brave officer of cavalry. The fortune to which he succeeded was so involved, that for some years there seemed no means of extricating it, except by the sale of one half of the landed estate. But the effects of economy, however slow, are sure; and John Forbes preferred the part of living in retirement, and at a small expenditure, to that of dissipating the fortune of his ancestors. In less than thirty years, he not only cleared the estate of incumbrances, but added to it by several contiguous purchases; and his son" and successor, by Jean Forbes, daughter of Sir Arthur Forbes of Craigievar, baronet, making an opulent marriage in England, added to the family possessions.

In 1784, Government resolved to resume the privilege of Ferrintosh, after it had for nearly a century been enjoyed by the family. Of the value of this privilege (which

70❝I cannot (says Dr. Warburton, in a letter to Dr. Hurd,) omit recommending to you the late Lord President Forbes's little posthumous work on Incredulity; it is a little jewel. I knew and venerated the man: one of the greatest which ever Scotland bred, both as a judge, a patriot, and a christian.”

71 Mr. Forbes, indeed, may be said rather to state and explain Mr. Hutchinson's doctrines, than to defend them. Among other curious things stated by that author, is the assertion, that in six different passages the effects of the load-stone are spoken of in the Bible, and that the cause is to be gathered likewise from it.

It must be so obvious, how greatly mankind are interested that the real meaning of words and passages. in the Old Testament (the foundation of our religion, and the most ancient of all histories,) should be made evident, that it is strange more persons have not followed Mr. Forbes in his progress towards eluci dation; a work which would confer honour on the person engaged, in proportion to the difficulty which the developement of sentences involved in the emblematical and prophetical idioms of a difficult language, and dubious punctuation, must occasion; not to mention the rites, manners, and transactions alluded to, which are either chiefly unknown, or obscured by the deepest shades of antiquity.

72 Arthur Forbes of Culloden was married to Miss Sarah Stratton, daughter and sole heiress of Edward Stratton esquire, county of Kent. 8

was

was likewise a distinction honourable to the proprietor's family) we may form some idea from Mr. Arnot's statement, in his History of Edinburgh, that more whisky was distilled in Ferrintosh than in all the rest, of Scotland. The representatives of the family being employed abroad for many years, caused this part of the estate to be much neglected; and arrangements had been only just made with a company, to bring it to an increase. of value, when Government (perhaps hearing of this) came to the resolution of taking it away. We shall not pretend to give an accurate statement of what the real produce might be brought to; but if we loosely suppose the number of arable acres at 1,800 (they amount to this extent), and take the produce at only five bolls of barley per acre, that would give 9,000 bolls, which (considering the motives for making the lands productive by imported manures) is but a small return. If the profit to the proprietor upon the distillation of these 9,000 bolls into whisky (duty-free) should be taken at only Two pounds sterling per boll, the return to the family would come to £18,000 sterling per annum; besides insuring the conversion into arable land of the rest of the barony upon easy terms. The produce of one boll of barley converted into whisky is sometimes sold as high as six pounds sterling; so that the above calculation of clear profit might be fairly doubled in that view, and leave the farmer or distiller £2. sterling per boll. The family, as might be expected, urged every argument to induce Government to desist from resuming its own grant of a perpetual property "3 of such value; but, in spite of every opposition and appeal to justice and good faith, it was taken away, for the compensation of the principal sum of £21,500.

Duncan George Forbes, the great grandson of President Forbes, now represents the family of Culloden.

73 After stating this matter shortly, and without being very particular, we leave the transaction to speak for itself. We shall only add the expression of our hope, that when we have so lately seen the generosity of parliament make an additional grant to a noble family for a property which had been resumed for a much longer time, for a large sum, and by the consent of that family distinctly expressed, the justice of Government will not permit such a transaction as the one here stated, to remain what may perhaps be called a solitary instance, that private property is not always secure from power. If it required that any thing should be added to the claim to justice and favour of the Culloden family, the unrequited services and outlays of the President, and of his brother, might be mentioned, who might each assume with truth the plaintive motto of the Courtenays :-Ubi lapsus? Quid feci?