George (Leslie) Leslie First Earl of Rothes (1416 - 1490)

Born 2 Sep 1416 in Fythkill, now Leslie, Fife, Scotland

Ancestors

Husband of Christian (Halyburton) Haliburton — married 1440 in Scotland

Descendants

Died 24 May 1490 at age 73 in Leslie, Fife, Scotland

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George (Leslie) Leslie First Earl of Rothes was an inhabitant of Medieval Scotland. Join: Scotland Project Discuss: Scotland

Biography

George (Leslie) Leslie First Earl of Rothes is a member of Clan Leslie.

Arms of the Earl of Rothes

The arms of the Earldom of Rothes are recorded in the Lyon Register and provided in Balfour Paul:^[1]

Arms: Quarterly: 1st and 4th, argent, on a bend azure three buckles or, for Leslie; 2nd and 3rd, or, a lion rampant gules surmounted of a ribbon sable, for Abernethy.

CREST. A demi-griffin proper, beaked, armed and winged or.

SUPPORTERS. Two griffins proper, beaked, winged and armed or.

MOTTO. Grip fast.

It is worth noting that the Abernethy arms are those of the Earldom of Fife, differenced with the ribbon, thus illustrating the Abernethy holdings in Fife.

Although not clear it seems probable, as will be noted in his biography below, that he adopted the arms of Leslie initially. He was initially raised to the Peerage as Lord Leslie upon Leven in 1445 and appears in Charters after that date designated so. However after being raised as the Earl of Rothes, the seat of which was at Fythkill (now called Leslie), in 1458 he adopted, the arms shown on this Profile no doubt to illustrate the ancient arms of Fife and his relationship to them (through the family of Abernethy).

His Early Life

He was born about 1417 and although some web sourced material may suggest he was illegitimate and later legitimised there is no evidence of this and indeed the evidence is to the contrary. His father was Sir Norman Leslie, Lord of Fythkill and Rothes and his mother was Christian Seton, the daughter of Sir John Seton of Seton.^[2]

His father had served some time as a hostage for James I and spend some of it at York castle and at Pontefract. It seems clear that at some point, prior to 1438, his father becomes disabled or ill. This also coincides with an illness and death of his uncle, Sir David Leslie, 9th Lord of Leslie and, as he was also a hostage, it seems likely that the deaths were related although there is no evidence of this.

Sir David Leslie, 9th Lord of Leslie, died in Mar 1439. At the Inquest, held at Cupar in Fife, it was determined that "the deceased David de Leslie, knight, consanguineus of Norman de Leslie of Rothes and Fythkill, died vest and seized in the barony of Ballinbreich; that the said Norman was nearest lawful heir of entail to the said deceased David; that the barony of Ballinbreich was worth two hundred merks per annum; and that the said barony was in the king's hands, by the death of the said David de Leslie, in default of the true heir not following forth his right by the space of two months. "^[3] This means that Norman, his father, was, as heir, unable to present himself at the Inquest and the barony was in the King's hands by default. It also implies that George, this person, may have been too young to appear. Norman must have died very shortly after this event, in 1439, as George appealed and caused this brief and retour to be copied to the Chancery-House in Edinburgh where it appears on 22 May 1439. He is then served heir to the Leslie estates but it is not clear he was served heir to Ballenbreich at this point but it seems likely.^[4]

From this point he is titled Lord of Leslie.

Lord of Leslie

He appears as Lord of Leslie when he was retoured heir to his father, on 3 Feb 1340, in the lands of Innergellie (nr Kilrenny in Fife), lands which the family held of the Bishop of St. Andrews.^[5]

He appears as such in an agreement of excambion (exchange of lands), on 23 March 1442, between himself and Sir Walter Ogilvy of Beaufort^[6] which is interesting. It is noted by the family historian^[7] that George Leslie of Leslie and Ballinbreich granted to Walter Ogilvie of Bewfort the lands of Dunboug, which were given to the said Walter by the Earl of Crawford, to be held of the said George Leslie. These lands must have been part of the Ballenbriech barony. For this right Sir Walter Ogilvy of Beaufort obliged himself to exchange lands in Fettercairn and to serve George Leslie in time of peace and war. Further he sought assistance from George Leslie to act on his behalf against the Lord of Gordon to demand the recovery of lands that were owed to him. The Charter is dated at Lindores Abbey, close by Ballenbreich, on 23 March 1441. Surprisingly not mentioned by the family historian this was a family affair. The Lord of Gordon was actually Alexander Seton and related to his mother. He had acquired the titles of Gordon through his father, Alexander Seton, marrying Elizabeth Gordon, the heiress to the Gordon estates. They will become Earl of Huntly. It is worth noting, as it will arise later, that Alexander Seton and Elizabeth Gordon were within prohibited degrees for marriage. They, in 1428, and some 20 years after they were married were granted a papal dispensation. The dispensation stated that Alexander Seton had contracted marriage with Elizabeth, the heiress of Gordon, "per verba de presenti publici, juxta morem patriae" (Latin: publicly in accordance with all customs of the time).

Later that year, on 22 July 1442, he appears as Lord of Fythkill, when he grants a Charter to his brother, John Leslie, of the lands of Foulis-Mowatt, in the Earldom of Mar. He reserved some specific rights regarding the holding of his court indicating he still retained the Barony in which the lands were held. This grant was confirmed by Robert Erskine, Earl of Mar, on 10 August 1442.^[8] Fowlis-Mowat (Easter Fowlis) are lands near Cushnie in Aberdeenshire, north of Craigievar castle and it is not clear how they came to be in possession of the Leslies.

Member of the Scottish Parliament

In 1445^[9] he was raised to Parliament as Lord Leslie upon Leven. Although passed over in the main source documents it should be noted that this was clearly a choice. He chose to associate his title with the river Leven in Fife and thus shows his preference for the old title of Lord of Fythkill. It would seem that the village of Fythkill was changed to Leslie at about this time and suggests this was his major place of residence. He had greater association with Fife than the ancient family lands in the Earldom of Mar or of Rothes in Moray.

Certainly before May 1448 the estates of Leslie in Fife hold his main residence. There are Charters dated from 6 May 1448 which are signed at Leslie, Fife, the Lord's chief place of the same name.^[10]

His lineage is proven in a Charter dated 1450 where he renounces lands of Balvard. He is stated to be George, Dominus de Leslie super Leven, son of Norman, son of Sir George de Leslie, knight.

He appears in a number of Charters and writs of the period under this designation and on 5 November 1457, when as George, Lord Leslie, he was one of the Privy Council who decided against Thomas, Lord Erskine, the question of his right to the earldom of Mar, which under the ancient laws was his liege Lord for his holdings in the Garrioch. This once again illustrates his affinity with Fife and his possessions around, now Leslie, Fife.

He was raised, likely as a reward for his "assistance", to the dignity of Earl of Rothes, Lord Leslie, shortly before 20 March 1458. The family historian states these, incorrectly, to be 1457.

Earl of Rothes, Lord Leslie

On the 20 March 1458 he is styled Earl by King James II. in a charter granting and confirming to him the lands and barony of Ballinbreich, and the other lands previously named, united into one free barony to be called the barony of Ballinbreich. The lands involved as detailed by the family historian^[11] and for clarity here. They were the lands and barony of Ballinbreich, and the lands and barony of Tacis (now Ceres) in the shire of Fife; the lands and barony of Cairny, nr Dunkeld, in the shire of Perth; the lands and barony of Fethus, and the lands of Lowr, Taveret, and Tavat, in the shire of Angus; the lands and barony of Cushnie, and the lands and barony of Rothienorman, and the lands and barony of Fowlis Mowat, in the shire of Aberdeen; the lands and barony of Rothes in the shire of Elgin; the town of Leslie, in the lordship of Leslie in the shire of Fife; all united into one free barony, called the barony of Ballinbreich, to be held of the king and his successors. All of these lands, with the exception of Leslie in Fife, were Abernethy lands and came to the Leslies through the marriage of Mary Abernethy and Andrew Leslie about 150 years before; this likely explains the mystery regarding Fowlis Mowat. These were his hereditary lands and there is no mention of the Barony of Leslie in the Garrioch.

With this Charter in place, the following day, 21 March 1458, he erected his town of Leslie Green into a free burgh of barony, Leslie.

He does not seem to have played a major part in the events of the day although he was a regular attendee at Parliament between 1460 and 1481. He sat in the first Parliament of James IV on October 1488 but none after.^[12]

Lands in Kincardineshire

There is an interesting notice on the politics of the day mentioned by the family historian.^[13] He makes mention of a Charter, dated Edinburgh, 8 February 1476, where James III, grants to George, Earl of Rothes, the lands of Woodfield, Fesky, Pitnamoon, Mll of Kincardine, and the barony of Fettercairn, and the lands of Eily and Balmain, and others, which the said earl and his predecessors held of the Earl of Ross and Lord of the Isles, who, being convicted of rebellion as a traitor, forfeited the superiority of the said lands, which were granted to George, Earl of Rothes, united into one free barony, called the barony of Balmain. This relates to the treason by John MacDonald, Earl of Ross, where he attempted the conquest and partition of Scotland through an alliance with Edward IV, King of England. Following his humiliation his lands were forfeit and thus, in part, returned to the Leslie family (Walter Leslie was Earl of Ross).

Personal affairs

There is an indication of the personality of the person mentioned by the family historian.^[14] He indicates that, on 10 February 1497, a Royal Warrant for arrest was served to George Leslie at the gates to his castle at Leslie, Fife. In it he was obliged to either provide sufficient funds for the well being of his grandson, George, Master of Rothes, or to submit himself for jail at Dumbarton castle.

There is no discussion on why this would occur but clearly by this date his son had died (d. 1478) and it seems probable, from the writ, that his grandson, George, had come of age. The writ also implies that George was with the King (James III.) and serving him. These were the final years of James III. reign. James was to die at the Battle of Sauchieburn on 11 June 1488 and it is not known whether grandson George was at that battle.

Family and Legacy

George married three times. It is worth pointing out that there are anomalies with his children. He appears to have had two daughters by the name of Christian. One, known to be a daughter of his second wife, Christian Halyburton, is stated by Balfour Paul^[15] as the youngest daughter to that marriage. She must thus have been born after 1440 and before his divorce in 1459. The family historian states, categorically, that this daughter was born 1450 and married Sir George Leslie of that Ilk in 1478. Her older sister must thus have been born prior to 1450 except she was married in 1485 and gave children.^[16] Balfour Paul, on the other hand, discounts this and states that this Christian married William Sinclair, eldest son and heir of William, Earl of Orkney and Caithness, with dispensation given 1458. Clearly it would seem improbable that we are discussing the same woman. Balfour Paul then, seemingly acknowledging the discrepancy, suggests an illegitimate daughter, Christian that must have married Sir George Leslie which seems equally improbable. It seems far more likely that there were two legitimate Christian Leslies. One, of the first marriage, married William Sinclair in 1358, and the other, of the second marriage, actually called Christina, married George Leslie in 1378. Balfour Paul seems to accept the discussion although cannot reconcile the dates as he states "(William Sinclair) married Cristina Leslie, daughter of George, Earl of Rothes, the dispensation for which marriage is dated 29 April 1458"^[17]

Marriage to Margaret Lundin

He married, firstly, about 1435, Margaret Lundin, daughter of John Lundin of that Ilk in Fife.^[18] The Lundin estates, now a golf course, are north of the mouth of the river Leven in Fife. This marriage was clearly at attempt to build his holdings in Fife. At the time of his marriage his uncle Sir David Leslie, Lord of Leslie was still alive. They had one daughter:

Margaret Leslie; born about 1436, she was contracted, about 10 July 1458, to William Leslie, son and apparent heir of Alexander Leslie of that Ilk, but it is uncertain if the marriage took place. Later she married Alexander Cumming of Earnside, as appears from an assignation dated 9 August 1488

Marriage to Christian Halyburton

He married secondly, about 1440, Christian, daughter of Walter Halyburton of Dirleton, by Lady Isabel Stewart, daughter of Robert, Duke of Albany.^[19] She was the widow of Sir Alexander Leslie, Earl of Ross, and likely the reason for the grant of lands that were of his father Sir Walter Leslie, Lord of Ross. At the time of this marriage he had just taken possession of the lands of Ballenbreich, Leslie in the Garioch and the Earl of Ross had died with the lands going to the Lord of the Isles. A tumultuous time. They had three children:

Andrew Leslie; Master of Rothes, but who will die before his father.

Elizabeth Leslie; She will marry (contract dated 14 October 1485, and tocher 1000 merks) to William, third Earl of Erroll, with issue; surviving him, she married, secondly, Sir William Edmonstone of Duntreath, and died between May 1509 and August 1511.

Christian Leslie: married (dispensation dated 29 April 1458) to William, eldest son of William, Earl of Orkney and Caithness, and had issue. According to Colonel Leslie, the family historian, she was also married to George Leslie of that Ilk, but he founds this assertion on a writ of 20 May 1478, whereas she was still Sinclair's wife on 20 July 1487. She was still alive, and apparently a widow, on 20 February 1491-92. Notice the anomaly above. It is more likely that this Christian was born of the first marriage and thus before, or at, 1340.^[20]

Christina Leslie: born 1450, married to George Leslie, second Baron of that Ilk in the Garioch, as is proved by an obligation dated 20th May 1478, where by George Leslie of that Ilk, acknowledging the great kindness which the Earl of Rothes had shown to him in upholding him at great expense from his childhood till he was twenty-one years of age, and had paid great sums of money for his marriage with Lady Christina Leslie, daughter of the said Earl of Rothes, therefore he bound himself not to sell or wadsett any of his lands, or any that he was heir to, and that he would not alienate any part of his lands from the heir to be procreate betwixt him and the said Lady Christina Leslie.^[21]

In another mystery relating to this marriage, George, in 1459, raised an action of divorce against his wife, on the plea of relationship within the forbidden degrees. While both the family historian and Balfour Paul mention this they do not provide the connection and it is difficult to see the connection. It was not an unusual occurrence of the day but what makes this difficult to comprehend is that he only had one son, and he born to the lady he was about to divorce, In those times a divorce on these grounds meant to nullify the marriage and thus declare illegitimate all children, including his only heir. It makes little sense. It would seem likely that one of his many enemies was trying to discredit him; he had already, just, survived a charge of treason through forgery. He sought protection in council for his children and one of the Council was Sir William Sinclair, Earl of Orkney and Caithness, stated to be the father-in-law "of Andrew, Master of Rothes, the eldest son".^[22]

Both major sources state that his son, Andrew, had, already, been married to a daughter of William Sinclair, Earl of Orkney and Caithness. Balfour Paul states that he married Elizabeth, daughter of William, Earl of Orkney and Caithness. She survived him and died about 1508.^[23] The family historian names her as Marjory.^[24] But regardless of her name it was impossible. By whatever name she is given she could not have been a child of the second marriage of William Sinclair as this did not occur until 1456.^[25] Andrew Leslie could not have married a daughter of that marriage before 1459, thus the confusion of Balfour Paul and many other genealogists.

For this to be remotely possible, William Sinclair, Earl of Orkney and Caithness, must have had another daughter by his first marriage, likely Elizabeth, born about 1442, at the latest as they were married prior to 1458. This scenario is entirely plausible.

Marriage to Elizabeth Campbell

He married, thirdly, about 1460, Elizabeth Campbell, who survived him, and was still alive on 17 May 1491.^[26]

This profile is a collaborative work-in-progress. Can you contribute information or sources?

Sources

1. ↑ #S-5 Balfour Paul; Volume 7, page 311
2. ↑ #S-5 Balfour Paul; Volume 7, page 273
3. ↑ #S-26 Leslie, Charles Joseph; Volume 2, page 15
4. ↑ #S-26 Leslie, Charles Joseph; Volume 2, page 17
5. ↑ #S-5 Balfour Paul; Volume 7, page 273
6. ↑ #S-5 Balfour Paul; Volume 7, page 274
7. ↑ #S-26 Leslie, Charles Joseph; Volume 2, page 19
8. ↑ #S-5 Balfour Paul; Volume 7, page 273
9. ↑ Fordun a Goodall, ii. 452.
10. ↑ #S-26 Leslie, Charles Joseph; Volume 2, page 20
11. ↑ #S-26 Leslie, Charles Joseph; Volume 2, page 18
12. ↑ #S-5 Balfour Paul; Volume 7, page 275
13. ↑ #S-26 Leslie, Charles Joseph; Volume 2, page 24
14. ↑ #S-26 Leslie, Charles Joseph; Volume 2, page 24
15. ↑ #S-5 Balfour Paul; Volume 7, page 275
16. ↑ #S-26 Leslie, Charles Joseph; Volume 2, page 27/28
17. ↑ #S-5 Balfour Paul; Volume 2, page 334
18. ↑ #S-5 Balfour Paul; Volume 7, page 275
19. ↑ #S-5 Balfour Paul; Volume 7, page 275
20. ↑ #S-5 Balfour Paul; Volume 7, page 276
21. ↑ #S-26 Leslie, Charles Joseph; Volume 2, page 27/28
22. ↑ #S-26 Leslie, Charles Joseph; Volume 2, page 28
23. ↑ #S-5 Balfour Paul; Volume 7, page 276; in his note, likely as it is difficult to reconcile, he states "Her name is usually given as Marjory, but it appears as Elizabeth in the retour of her son George to his father, 17 April 1509"
24. ↑ #S-26 Leslie, Charles Joseph; Volume 2, page 31
25. ↑ #S-5 Balfour Paul; Volume 2, page 334
26. ↑ #S-5 Balfour Paul; Volume 7, page 275

• Source S-5Sir James Balfour Paul, Editor. The Scots peerage, founded on Wood's edition of Sir Robert Douglas's peerage of Scotland; containing an historical and genealogical account of the nobility of that kingdom. Vol. VII. Edinburgh: D Douglas, 1904. Open Library

• Source Calendar of Documents Relating to Scotland Preserved in Her Majesty's Public Record Office, by Joseph Bain, London (H.M. General Register House, Edinburgh, 1881) Bain Volume IV

• Source S-26 Leslie, Charles Joseph. Historical records of the family of Leslie from 1067 to 1868-69. Collected from public records and authentic private sources. Volume 1 referenced. Edinburgh: Edmonson and Douglas, 1869. archive.org

• Source S-82 Stoddart, Robert Riddle. Scottish arms : being a collection of armorial bearings, A.D. 1370-1678 ........ . Vol. 2. Edinburgh: Paterson, 1881. archive.org

Se Also:

• George Leslie, Earl of Rothes

Acknowledgements

• The person is shown on Cracroft's Peerage although noting that while correctly stating his blazone it is incorrectly depicted and is of a later Earl George.

Notes

[Added by Richard Hodgson]:

Through his father and mother (Christian Seton) was descended from both the royal families of Bruce and Stewart.

He was three times married. After he had lived nearly twenty years in wedlock with his second wife, a daughter of Lord Halyburton [aka Haliburton] of Dirleton, he grew tired of her, and raised an action before the Consistory Court of St. Andrews, for the dissolution of the marriage on the convenient and common plea at that time, that he and his wife were related within the forbidden degrees of kindred [I don't see how], and that consequently their marriage was null and void from the first. A divorce could be obtained on this ground at that period with the utmost facility, and was a matter of everyday occurrence. But a formidable difficulty presented itself in regard to the position of the children born under the marriage, who would be declared illegitimate if it should be dissolved. As the Earl's eldest son, Andrew, had married into the powerful family of St. Clair, it was not to be expected that they would patiently acquiesce in a decision which deprived him and his children of their rights. It was ultimately decided by the arbiter to whom the case was referred by mutual consent, that the Earl should obtain a divorce, but that the legitimacy of his offspring should be preserved by his judicial deposition that he did not know of the relationship between him and his wife, till after the birth of all their children.

Comment by Doug Straiton It would seem improbable that he brought this upon himself unless he was sure he would be able to retain the children's inheritance. The lines of Leslie in 1459 were tenuous and there were very few heirs, this action would send all the land and titles to the daughter by his first marriage. He had, only just, been raised to Earl and had many enemies.

But in support of the self initiation, he had contracted his daughter from the first marriage back into the main Leslie line to William Leslie, son and apparent heir of Alexander Leslie of that Ilk. This contract was dated July 1458 but sources are doubtful it ever took place. He must have then stacked the Hearing Commission as he marries two children from his second marriage, including his heir, to children from William Sinclair, recently created as Earl of Caithness, first marriage which was a marriage also within prohibited degrees (he married a cousin). There are also records of property transactions associated with these marriages. While unknown it seems likely that these marriages occurred in 1458, certainly his son's had and it seems probable his daughter. Sinclair, was placed as chair of the commission, and was clearly on the side of George Leslie.