James Carnegy of Finhaven (also spelled Carnegie; b 1685 d 1756)Sir James Balfour Paul (editor), The Scots Peerage, volume VI (Edinburgh, 1909), pages 497-498 was laird of the Finavon Estate, Angus, Scotland from 1712 until his death. He was to have inherited the estate by entail after the death of his father in 1707 James Carnegie (died 1707), even though his older brother Charles (who was severely disabled) was still alive. However, this was challenged in the Court of Session 29th July 1707. He then actually inherited the barony in 1712 after Charles died at Whitewall in Tannadice. In contemporary legal documents, including his 1716 statements at Carlisle, he frequently signed his name as "Ja: Carnegy".
1715 Jacobite Uprising Contrary to accounts suggesting he was captured at the Battle of Sheriffmuir, Carnegy spent only eight days at the rebel camp at Perth before fleeing and voluntarily surrendering to the Duke of Argyll at Aberdeen to prove his loyalty to the Crown, on the advise of his minister Rev John Anderson Oathlaw Kirk. Rev Anderson made a full statement of his advise in his testament submission to the trail at Carlisle. He was initially held in Edinburgh, where he refused an opportunity to escape and declined to attend services led by nonjuror ministers.
He was subsequently charged in Carlisle, where he provided extensive evidence demonstrating that his involvement was coerced. Depositions from his household at the House of Finhaven confirmed he was pressured by his Jacobite cousins and brother-in-law, the Earl of Southesk and Patrick Lyon of Auchterhouse, under direct threat of ruin and arson. His valet, Andrew Ferrier, testified that Carnegy had actively attempted to evade recruiters by hiding in his garden and also escaping through the back windows and private entries of his house, and had even faked illness by "taking a vomit" (an emetic) at Inchture to avoid marching with the rebels.
Testimony from Mary Mitchell, a servant to Carnegy’s sister Jean, Lady Kinfauns, further illustrated the political rift within the household during a gathering of the siblings and husbands at the House of Finhaven. Mitchell deposed that Carnegy’s brother-in-law, the Jacobite Patrick Lyon of Auchterhouse Castle, James's other sister Margaret's husband, grew enraged when Carnegy refused to drink to the "King" (the Old Pretender), asserting he would "drink no King's health but King George's." Lyon reportedly complained that Carnegy’s "head had been turned" by his other brother-in-law, the brother of his wife Margaret Bennet, the staunchly pro-government Sir William Bennet of Grubet (2nd Baronet), whose Whiggish influence was blamed for Carnegy’s refusal to support the Stuart cause. A portrait of Patrick Lyon of Auchterhouse hangs in the drawing room of Glamis Castle on the top far right corner.
1728 Trial Finhaven is famous for his trial for the accidental killing of Charles Lyon, 6th Earl of Strathmore and Kinghorne. He was represented by Robert Dundas of Arniston, the Elder which resulted in the not guilty verdict becoming a recognised part of Scots law and established the right of Scots juries to judge the whole case and not just the facts.
A large full length portrait of the 6th Earl hangs in the drawing room of Glamis Castle
Family James Carnegy was the second son of James Carnegy of the old Finavon Castle (also known as Finhaven Tower Castle), and a grandson of David Carnegie, 2nd Earl of Northesk. The family seat, Finavon Castle Tower, is a scheduled monument
Carnegy married twice: First, around 1708, to **Margaret Bennet**, d 20th August 1738 daughter of Sir William Bennet of Grubbet. Post Marriage Contract, dated 24 March 1711.
They had two daughters: **Ann Carnegy** (died 1 December 1750), who married Sir John Ogilvy, 4th Baronet of Invercarity. **Margaret Carnegy** (died 1815), who married firstly Foulis of Woodhall, and secondly Charles Lewis. Secondly, to **Violet Naesmyth**, M 17th February 1740 daughter of Sir James Naesmyth of Posso, Baronet. They had: **James Carnegy** (1743–1777), the legal heir. He was formally recorded in the Service of Heirs on 12 May 1757.Decennial Index to the Service of Heirs 1750-59, CAR-COC Page 9. He later died unmarried in Lisbon. **Barbara Carnegy**, who married Alexander Douglas.
Estate and architecture
Upon reaching his majority, Carnegy established his household as the second son at House of Finavon. This became his matrimonial home upon his marriage to Margaret Bennet. Their marriage contract, dated between 29 January and 4 March 1711, formally identified this "mannor place" as the principal messuage of the barony and secured it as Margaret's liferent in the event of Carnegy predeceasing her.
While Carnegy officially inherited the Barony of Finhaven in 1712, he had already transitioned the family's primary residence years earlier from the medieval Finavon Castle to the building then known as the Mains or Milton of Finhaven.Milton of Finavon House, Canmore: National Record of the Historic Environment. Canmore ID 34947. Note: Historically recorded as the 'Mains of Finhaven', the Palladian architectural features align with the William Adam school of design favoured by the Bennet family. This shift was necessitated by the structural instability of the old castle, which was described as being "rent through" and eventually suffered a catastrophic collapse in the mid-18th century.Jervise, Andrew (1853). The Land of the Lindsays in Angus and Mearns. Edinburgh: Sutherland & Knox.
The consistent identification of the residence as the "House of Finhaven" by contemporary witnesses—including his parish minister, Rev. Anderson, and household servants—confirms that the Milton of Finavon was the primary Carnegy seat during the rebellion.
Following his 1711 marriage to Margaret Bennet, Carnegy commissioned "polite" improvements to the House of Finhaven to meet the architectural standards of his wife's family. The house was updated with a sophisticated three bay facade and Palladian high-status interiors, including a notable "sunrise" timber fanlight. While previously associated with Alexander McGill (architect), modern analysis of the family's patronage suggests the involvement of William Adam or his immediate circle. Margaret’s brother, Sir William Bennet of Grubet (2nd Baronet), was a key early patron of Adam, notably recommending him for the remodelling of Floors Castle during this period.This architectural link is further strengthened by Carnegy's close relationship with Robert Dundas of Arniston, the elder. Dundas, the legal counsel who successfully defended James Carnegy in his 1728 murder trial, had commissioned William Adam just two years earlier in 1726 to design Arniston House, highlighting the intimate circle of patronage shared by the two men.
During the restoration of Milton of Finavon House (2021–2025), architectural discoveries suggested James Carnegy’s involvement in the early Scottish Enlightenment. These include a deliberate solar alignment of the house to the winter solstice and the presence of rare circa 1730 rag paper within the inner hall, which remains on display as primary evidence of the period's decorative and intellectual trends. Further evidence of the high value of James' restoration is the Crown glass in the timber fanlight, which is still in existence today"
Inheritance and family James’s succession to the estate followed the death of his elder brother, Charles Carnegy, in May 1712. Charles's testament confirms he died unmarried, appointing their sister, Margaret Carnegy, Lady Auchterhouse, as his sole executrix.Carnegy, Charles. Wills and Testaments, Brechin Commissary Court, 13 October 1714, Reference CC3/3/9, Images 106–108. [National Records of Scotland]. This granted James vacant possession of the barony, allowing him to unify the estate’s resources for the modernisation of the Milton.
The family arms were recorded as: Or, an eagle displayed, azure, armed etc., sable; within a bordure parted per pale, gules and argent, charged with eight escallops countercharged.Jervise (1853), p. 164.
Will and testament Sir James Carnegy (father) created an entail 1703 making James his second son heir. As Charles his eldest brother suffered (likely) a cerebral haemorage, around 1702-03, making him unable to walk and talk with any clarity. After their fathers death Charles challenged his brother's entail in 1707. The case was heard in the Court of Session Edinburgh. James agreed to allow his older brother to hold the barony title for his lifetime. The Courts agreed and this was the final ruling.
Charles died in 1712 and then James became Laird and holder of the estate under the entail. Meaning he could not change the line of succession.
The Will and Testament of James Carnegy d 1763 was held in London for his personal effect. His heir was his son M2 James Carnegy d 1777 unmarried and without issue in Lisbon. James inherited under Scots law via his grandfathers entail. Before probate could be granted in Courts of Canterbury James Carnegy died and the probate record 1779 identifies his daughter Barbara Douglas (née Carnegy) James Carnegy 3rd Sister as the "lawful daughter of the deceased and first heir of entail", and granted her administration as the executrix.
Death of the Earl of Strathmore On 9 May 1728, Patrick Carnegy of Lour, residing in the burgh of Forfar, was burying his daughter.Carnegy, James. The Trial of James Carnegy of Finhaven, before the Court of Justiciary, at Edinburgh, in the year 1728, indicted for the murder of the Earl of Strathmore. 3rd ed. Edinburgh: G. Hamilton and J. Balfour, 1762. Digitized by the Internet Archive Before the funeral, he entertained the Earl of Strathmore, his brother James Carnegy of Finhaven, John Lyon of Bridgeton, and some others, at dinner in his house. After the funeral, the men adjourned to a tavern and continued drinking. Carnegy of Finhaven reportedly became extremely drunk. Lyon of Bridgeton was said to have been less intoxicated, but the drink made him "rude and unmannerly"Domestic Annals of Scotland, Reign of George II: 1727–1748 Part A towards Finhaven. Afterwards, the Earl of Strathmore went to call at the house of Finhaven's sister, Lady Margaret 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. Despite being in the presence of a lady and widow of high status, Bridgeton used coarse language and may have pinched Auchterhouse's arm at some point. Bridgeton was also reported to have directed gendered insults toward Finhaven, aired grievances about his perceived misconduct in a dispute involving Bridgeton's cousin, and made impolite comments about Finhaven's supposed debts.
Eventually, Strathmore convinced Bridgeton and Finhaven to leave the house with him.THORNTON HALL, F.S.A., LOVE ROMANCES OF THE ARISTOCRACY About dusk, the party went out into the street, and "now that the modified restraint of a lady's presence was removed," Bridgeton pushed Finhaven into a "deep and dirty kennel" (ditch) which ran along the roadside. Finhaven, still inebriated and now covered in mud and mire, became enraged. The mores of the time sanctioned violent retribution to settle disputes of honour. Finhaven therefore drew his sword and lunged at Bridgeton. In an attempt to divert the attack, the Earl placed himself between the two opponents, causing Finhaven to strike him inadvertently. The blade of the sword punctured Strathmore's abdomen and exited through his lower back. He died forty-nine hours after the incident.
Public outcry