Carnegie of Finhaven

James Carnegie of Finhaven (died 1765) 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 known as jury nullification.

James Carnegie was the second son of James Carnegie of Finavon (or Findhaven) in Angus, and a grandson of David Carnegie, 2nd Earl of Northesk. Although his elder brother Charles did not die until 1712, James succeeded to the family estate on his father's death in 1707, under an entail made in 1703.

Carnegie married firstly Margaret, daughter of Sir William Bennet of Grubbet; they had two daughters. His second wife was Violet, daughter of Sir James Naismith of Posso. They had one son and three daughters:

On 9 May 1728 Mr Carnegie of Lour, residing in the burgh of Forfar, was burying his daughter. Before the funeral, he entertained the Earl of Strathmore, his own brother James Carnegie of Finhaven, Mr Lyon of Bridgeton, and some others, at dinner in his house. After the funeral, these gentlemen adjourned to a tavern, and drank a good deal. Carnegie of Finhaven got extremely drunk. Lyon of Bridgeton was not so intoxicated, but the drink made him "rude and unmannerly" towards Finhaven. Afterwards, the Earl of Strathmore went to call at the house of Mr Carnegie’s sister, Lady Auchterhouse (a distant relative of the Earl) and the others followed.

This group, like a large proportion of the Forfarshire gentry of the time supported the Jacobites: and the 6th earl’s late brother (the 5th Earl) had fallen at the battle of Sheriffmuir in 1715 fighting for the Old Pretender, as had Patrick Lyon of Auchterhouse, the husband of the lady they were visiting. Bridgeton did not conduct himself as appropriate in the presence of the lady and he even had the audacity to pinch his hostess's arms. Bridgeton was very rude to Finhaven and spoke of: "his not being willing to marry one of his daughters to Lord Rosehill, about his having no sons, about his debts ... and he even used some rudeness towards the lady herself."

...
Wikipedia