Carnegie Of Finhaven
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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 Acquittal, not guilty verdict becoming a recognised part of Scots law and establishment the right of Scots jury, juries to judge the whole case and not just the facts. Family James Carnegie was the second son of James Carnegie (died 1707), James Carnegie of Finavon Castle, 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 Naesmyth Baronets, Sir James Naismith of Posso. They had one son and three daughters: * James, died unmarried at Lisbon in 1777 * Anne, married Ogilvy Baronets, Sir John Ogilvy ...
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Charles Lyon, 6th Earl Of Strathmore And Kinghorne
Charles Lyon, 6th Earl of Strathmore and Kinghorne (c. 1699 – 11 May 1728) was a Peerage of Scotland, Scottish peer and nobleman. He was the son of John Lyon, 4th Earl of Strathmore and Kinghorne. His exact date of birth is unknown but he was baptised on 12 July 1699. Although his brother John Lyon, 5th Earl of Strathmore and Kinghorne was to display the family's royalist sympathies when he joined the Jacobitism, Jacobite cause, and was slain at the battle of Sheriffmuir in 1715, Charles, the 6th Earl was not directly implicated in the rebellion and although both his family seats were visited by the Old Pretender (James). On 25 July 1725 he married Lady Susan Cochrane (died 23 June 1754), daughter of John Cochrane, 4th Earl of Dundonald. Earl Charles was killed in a brawl at Forfar by Carnegie of Finhaven in May 1728 and left no heir. The death of the Earl On 9 May 1728 Mr Carnegie of Lour, residing in the burgh of Forfar, was burying his daughter. Before the funeral, he enter ...
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John Lyon, 5th Earl Of Strathmore And Kinghorne
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope John ...
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People From Angus, Scotland
A person ( : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, or legal responsibility. The defining features of personhood and, consequently, what makes a person count as a person, differ widely among cultures and contexts. In addition to the question of personhood, of what makes a being count as a person to begin with, there are further questions about personal identity and self: both about what makes any particular person that particular person instead of another, and about what makes a person at one time the same person as they were or will be at another time despite any intervening changes. The plural form "people" is often used to refer to an entire nation or ethnic group (as in "a people"), and this was the original meaning of the word; it subsequently acquired its use as a plural form of per ...
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Trials In Scotland
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type of d ...
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Murder In Scotland
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a pers ...
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Not Proven
Not proven (, ) is a verdict available to a Courts of Scotland, court of law in Scotland. Under Scots law, a Criminal procedure, criminal trial may end in one of three verdicts, one of conviction ("guilty") and two of acquittal ("not proven" and "not guilty").The Scottish criminal jury: A very peculiar institution', Peter Duff, 62 Law & Contemp. Probs. 173 (Spring 1999) Between the Restoration (Scotland), Restoration in the late 17th century and the early 18th century, jury, jurors in Scotland were expected only to find whether individual factual allegations were proven or not proven, rather than to rule on an accused's guilt. In 1728, the jury in a murder trial asserted "its ancient right" to declare a defendant "not guilty". Over time, the "not guilty" verdict regained wide acceptance and use amongst Scots juries, with the encouragement of defence lawyers. It eventually displaced "not proven" as the primary verdict of acquittal. Nowadays, juries can return a verdict of either " ...
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Robert Dundas, Of Arniston, The Elder
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' ( non, Hróðr) "fame, glory, honour, praise, renown" and ''berht'' "bright, light, shining"). It is the second most frequently used given name of ancient Germanic origin. It is also in use as a surname. Another commonly used form of the name is Rupert. After becoming widely used in Continental Europe it entered England in its Old French form ''Robert'', where an Old English cognate form (''Hrēodbēorht'', ''Hrodberht'', ''Hrēodbēorð'', ''Hrœdbœrð'', ''Hrœdberð'', ''Hrōðberχtŕ'') had existed before the Norman Conquest. The feminine version is Roberta. The Italian, Portuguese, and Spanish form is Roberto. Robert is also a common name in many Germanic languages, including English, German, Dutch, Norwegian, Swedish, Scots, Danish, and Icelandic. It can be use ...
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Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This i ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ...
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Patrick Lyon Of Auchterhouse
Patrick Lyon of Auchterhouse (1669 – 13 November 1715) was a Scottish politician. He was the second son of Patrick Lyon, 3rd Earl of Strathmore and Kinghorne and his wife Helen, daughter of John Middleton, 1st Earl of Middleton. He married his second cousin Margaret, daughter of James Carnegie of Finhaven, but they had no children. He represented the barons of Forfarshire in the last Parliament of Scotland, 1702 to 1707. He was killed fighting on the Jacobite side at the Battle of Sheriffmuir. References *Patrick Cracroft-BrennanStrathmore and Kinghorne, Earl of (S, 1606) Retrieved 15 November 2011. *John Foster, Members of Parliament, Scotland' (London and Aylesbury, 1882), p. 221 Shire Commissioners to the Parliament of Scotland Members of the Parliament of Scotland 1702–1707 Politics of Angus, Scotland Scottish soldiers Scottish Jacobites 18th-century soldiers 18th-century Scottish politicians 18th-century Scottish people Patrick Patrick may refer to: ...
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Old Pretender
James Francis Edward Stuart (10 June 16881 January 1766), nicknamed the Old Pretender by Whigs, was the son of King James II and VII of England, Scotland and Ireland, and his second wife, Mary of Modena. He was Prince of Wales from July 1688 until, just months after his birth, his Catholic father was deposed and exiled in the Glorious Revolution of 1688. James II's Protestant elder daughter (the prince's half-sister) Mary II and her husband (the prince's cousin) William III became co-monarchs. The Bill of Rights 1689 and Act of Settlement 1701 excluded Catholics such as James from the English and British thrones. James Francis Edward was raised in Continental Europe and known as the Chevalier de St. George. After his father's death in 1701, he claimed the English, Scottish and Irish crowns as James III of England and Ireland and James VIII of Scotland, with the support of his Jacobite followers and Louis XIV of France, a cousin of his father. Fourteen years lat ...
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