James Carnegie

Edinburgh Residency

Throughout the 18th century, the Lairds of Finhaven maintained a winter presence in Edinburgh. By 1775, the family had moved to the newly developed New Town; James Carnegie (died 1777), grandson of the MP, is recorded as a resident of Princes Street."Williamson's directory for the city of Edinburgh". National Library of Scotland. 1775. p. 16. Retrieved 19 April 2026. This residence was situated in the initial phase of the New Town development designed by James Craig and John Adam, the latter being the son of William Adam, who had previously modernised the family's country seat, the House of Finhaven.

Carnegie of Finavon represented Forfar from 1669 to 1674. He was made captain of a new company in the Scots Regiment of Guards on 25 August 1674 and served at the Battle of Bothwell Bridge before resigning his commission in 1680. He then served as commissioner for Forfarshire in 1686, from 1698 to 1702, and again from 1702 to 1707.

James Carnegie was styled as "Sir James Carnegie of Finhaven" in official state records, including a 1686 Parliamentary Warrant granting him the right to hold free fairs at Finhaven. This suggests he held a personal (non-hereditary) knighthood, likely awarded for his military or civil service.

1697 /98 Curatorship scandal and imprisonment

In 1697, Carnegie was involved in a landmark legal dispute before the Privy Council of Scotland regarding the curatorship of his minor relative, Alexander Blair (alias Carnegie) of Kinfauns. Having served as Blair's tutor (Guardian) during his pupillarity meaning aged 14 to 20, Carnegie was accused of using "violence" and "indirect practice" to prevent the free election of independent curators who would have audited his management of the Kinfauns estate.

According to a decreet dated 18 November 1697, Carnegie disrupted the Forfar Sheriff Court on 7 October by snatching Blair's nomination list from the clerk's hands. He was further accused of physically removing the minor from the court and falsifying the nomination papers—a process described as being "cutt, tailled and falsified"—to ensure he remained the sole curator. To secure his family's interest, Carnegie orchestrated a hurried marriage between Blair and his own daughter, Jean Carnegie, on 15 November 1697. Following an investigation, the Privy Council declared the election of curators null and void. Both Carnegie and Blair were subsequently imprisoned; Carnegie was committed to the Edinburgh Tolbooth for his "manifest riot" and "gross and palpable abuse" of the court."Decreet: The Laird of Kinfauns and wythers Against The Laird of Phineven anent the Curatrie". The Records of the Privy Council of Scotland. University of Stirling. Retrieved 18 April 2026.

1698 Prosecution for illegal marriage

In February 1698, the case shifted to the prosecution of those involved in the clandestine marriage. The Privy Council pursued Rev John Grub, the minister of Oathlaw who had performed the ceremony; after he failed to appear, he was declared a "rebel" and his moveable goods were escheated to the Crown. The proceedings included the testimony of Anna Carnegie, Jean's twelve-year-old sister, as a witness.

While the Council referred the spiritual validity of the marriage to the church courts, it maintained jurisdiction over the civil "riot" and the illegal conduct of Carnegie and his servant, Janet Brown. Alexander Blair, having been released from state custody at Edinburgh Castle, appeared personally as a pursuer against Carnegie to challenge the union. Carnegie's imprisonment ended following the provision of a legal bond, which was formally discharged on 5 April 1698."Judicial Proceeding: Alexander Blair alias Carnegie of Kinfauns against Mr James Carnegie of Phinhaven". The Records of the Privy Council of Scotland. University of Stirling. Retrieved 18 April 2026.

1698 Legal transition and release of bond

By early 1698, the legal focus shifted from the state's prosecution to civil processes led by Alexander Blair. James Carnegie had initially provided a financial bond on 1 January 1698, with John Scott of Logie as his guarantor, to secure his release from the Tolbooth and ensure his attendance at court. Following the initiation of new legal proceedings by Blair, a second bond was provided in March 1698. On 5 April 1698, the Privy Council authorized the return of the original January bond to Carnegie, as the newer legal guarantees were deemed sufficient to cover the ongoing litigation regarding the Kinfauns estate and marriage."Warrant: Warrand to give up Phinhavens bond, 5 April 1698". The Records of the Privy Council of Scotland. University of Stirling. Retrieved 18 April 2026.

By April 1698, the legal proceedings against Carnegie transitioned from a criminal prosecution by the Lord Advocate to civil actions led by Alexander Blair himself. Carnegie had initially been released from the Tolbooth under a financial bond provided in January 1698. However, on 5 April 1698, the Privy Council authorized the return of this original bond, as Carnegie had provided new legal guarantees for the ongoing civil litigation regarding the Kinfauns estate and his marriage."Warrant: Warrand to give up Phinhavens bond, 5 April 1698". The Records of the Privy Council of Scotland. University of Stirling. Retrieved 18 April 2026.

In September 1703, Carnegie successfully petitioned the Privy Council to recover a fine of £150 sterling that had been imposed during the 1697 proceedings. He argued that the marriage between his daughter and Alexander Blair had been "natural and ordinary" and "every way suitable." Leveraging a general indemnity granted by Queen Anne, Carnegie claimed that because the fine had been consigned to the court rather than paid to the Blair family, it should be refunded. The Council granted the petition, effectively ending the financial repercussions of the scandal.

The Sham Marriage of his Daughter

The ceremony was performed by John Grub, an Episcopalian "intruder" minister at Oathlaw and a known Jacobite sympathiser. Grub's status as an illegal minister, outside the jurisdiction of the established Church of Scotland, facilitated the clandestine nature of the union. For his role in the marriage and his failure to appear before the Council, Grub was declared a fugitive and an outlaw (put to the horn) in March 1698.On 3 March 1698, the Privy Council issued a formal warrant for the arrest of Mr John Grub, described as the minister "sometime at Oathlaw." The warrant commanded all Scottish sheriffs and magistrates to seize Grub and convoy him under guard to the Edinburgh Tolbooth to await further legal proceedings for his role in the clandestine marriage of Alexander Blair and Jean Carnegie."Warrant: Warrand for apprehending Mr John Grubb, 3 March 1698". The Records of the Privy Council of Scotland. University of Stirling. Retrieved 18 April 2026.

Death of Sir James Carnegie of Finhaven

He died at Edinburgh and was buried in the Abbey Church.