After Earl Thorfinn’s death his sons Paul and Erlend jointly held the jarldom, but divided the lands. They were “big men both, and handsome, but wise and modest" like their Norse mother Ingibjorg, known as Earls’-mother, first cousin of Thora, queen of Norway, mother of King Olaf Kyrre.

On Thorfinn’s death, however, the rest of his territories, nine Scottish earldoms, it is said, “fell away, and went under those men who were territorially born to rule over them;” that is to say, they reverted to Scottish Maormors; but Orkney and Shetland remained wholly Norse, and under Norse rule.

The date of the succession of Paul and Erlend to the Norse jarldom was, as we have seen, after 1057. Possibly in 1059, or certainly not later than 1064 or 1065, Ingibjorg, Thorfinn’s widow, as by Norse law widows alone had the right to do, “gave herself away” to the Scot-King Malcolm III, known as Malcolm Canmore.

As a matter of policy, the marriage was a wise step. For it would tend to strengthen not only the hold of Scotland on Caithness and Sutherland, but also its connection with Orkney and Shetland, because Ingibjorg’s sons, the young jarls Paul and Erlend, would become stepsons of the Scottish king and earls of Caithness. Nor was the marriage unsuitable in point either of the age or of the rank of the contracting parties. Married to Thorfinn about 1044, Ingibjorg, his widow, need not in 1064 have been more than forty. She may have been younger, and Malcolm was, in 1064, about thirty-three. If the marriage was in 1059, Ingibjorg would be only thirty-five and Malcolm twenty-eight. That Ingibjorg was not old is proved by the fact that she had by Malcolm one son and possibly three sons, namely, Duncan II, and, it may be, also Malcolm and Donald. As regards rank, also, she was equal to Malcolm, being a cousin of the Queen of Norway, and widow of Thorfinn grandson of Malcolm II, the great jarl of Orkney who had then recently subdued all the north of Scotland and the Western Isles and Galloway to himself, while Malcolm III was in exile in England, whence he had been brought back with the greatest difficulty, not by a Scottish force but by the help of an English, or at least a Northumbrian army.

After his marriage with Ingibjorg it is clear that there was peace for thirty years in the north of Scotland, so far as the Norse jarls were concerned, a fact which of itself justified the marriage, which, however, may have afterwards been held to have been within the prohibited degrees, and therefore void, while its issue would be held to be illegitimate, and not entitled to succeed to the Scottish crown.

We may add that there is nothing in any Scottish record to prove this marriage or to disprove it.

The first important event in the lives of Paul and Erlend happened just before the Norman conquest of England. They joined King Harald Sigurdson (Hardrada) and his son Prince Olaf, who was their second cousin on their mother’s side, in an attack on England; and, after Harald’s death, and his army’s defeat by King Harold Godwinson of England at Stamford Bridge, in September 1066, (three days before William the Conqueror landed at Pevensey) the two Orkney jarls were taken prisoner, but, along with Prince Olaf, they were released. On their return to Orkney, Paul asked the Archbishop of York to consecrate a cleric of Orkney as Bishop in Orkney, and the two brothers ruled harmoniously there until their sons Hakon on the one hand and Magnus and Erling on the other, who had been engaged in Viking cruises together as boys, grew up and quarrelled, and, as is usual, drew their fathers into the strife. This strife was provoked by Hakon, and apparently lasted for many years, Erlend supporting his own sons, and driving Hakon abroad to Norway about the year 1090. Neither Paul nor Erlend seems to have been much in Sutherland or Caithness, in which the representatives of the Gaelic Maormors or Chiefs probably regained power, especially the family of Moddan, and extended their territories.

Meantime King Magnus Barelegs of Norway, instigated by Hakon, and taking advantage of the contentions between 1093 and 1098 of the various claimants of the Scottish crown, Donald Bane (whom he supported), Duncan II, and Edgar, had made his several expeditions, in the closing years of the eleventh century, against the western islands and coasts of Scotland and Wales. In the battle of the Menai Straits in 1098 we find that he had with him young Hakon Paulson, and also Erling and Magnus, Jarl Erlend’s sons, though Magnus, who had repented of his early Viking ways, after declining to take part in the fight against an enemy with whom he had no quarrel, escaped to the Scottish court. In 1098 King Magnus had deposed and carried off Jarls Paul and Erlend to Norway, where they died soon after; and in the meantime he had appointed his own son, Sigurd, to be ruler of Orkney and Shetland in their place. But on King Magnus’ death, during his later expedition to Ireland, where Erling Erlendson probably also fell, Prince Sigurd had to quit Orkney in order to ascend the Norwegian throne, leaving the jarldom vacant for the two cousins, Hakon Paulson and Magnus Erlendson. The latter appears to have stayed for some years at the Scottish Court and afterwards with a bishop in Wales, and again in Scotland, but on hearing of his father’s death, went to Caithness, where he was well received and was chosen and honoured with the title of “earl” about 1103. A winter or two after King Magnus’ death, or about 1105, Hakon came back from Norway with the title of Jarl, seized Orkney, and slew the king of Norway’s steward, who was protecting Magnus’ share, which after a time Magnus claimed, only to find that Hakon had prepared a force to dispute his rights. Hakon agreed, however, to give up his claims to Magnus’ half share if Magnus should obtain a grant of it from the Norwegian king. King Eystein about 1106 gave him this moiety and the title of Jarl; and the two cousins lived in amity for “many winters,” joining their forces and fighting and killing Dufnjal, who was one degree further off than their first cousin, and killing Thorbjorn at Burrafirth in Unst in Shetland “for good cause.” Magnus then married, probably about 1107, “a high-born lady, and the purest maid of the noblest stock of Scotland’s chiefs, living with her ten winters” as a maiden. After “some winters” evil-minded men set about spoiling the friendship of the jarls, and Hakon again seized Magnus’ share; whereupon the latter went to the court of Henry I of England, where he appears to have charmed everyone, and to have spent a year, probably 1111, in which Hakon seized all Orkney, and also Caithness, which then included Sutherland, and laid them under his rule with robbery and wantonness. Leaving Caithness, Hakon at once went to attack Magnus in Orkney where he had landed; but the “good men” intervened, and an equal division of Orkney and Shetland and Caithness was made between the jarls. After some winters, however, they met in battle array in Mainland, and the fight was again stopped by the principal men on either side in their own interest, the final settlement being postponed until a meeting, which was to take place in Egilsay in the next spring, Magnus arrived first at the meeting-place with the small following of two ships agreed upon, but Hakon came later in seven or eight ships with a great force, and, after those present had refused to let both come away alive, Magnus was treacherously murdered under Hakon’s orders by Hakon’s cook on the 16th of April 1116. The dead jarl’s mother, Thora, had prepared a feast in Paplay to celebrate the reconciliation of the two cousins, which, notwithstanding the murder, Hakon attended. After the banquet the bereaved mother begged her son’s corpse for burial in holy ground, and obtained it from the drunken earl after some difficulty and buried it in Christ’s Kirk at Birsay. Twenty-one years after, on the 13th December 1137, Jarl Magnus’ relics were brought to St. Magnus’ Cathedral at Kirkwall.

After making due allowance for the legends which generally cluster round a saint or jarl, and grow with time, and for the desire for dramatic contrast and effect, we must give credit to the writer of the Orkneyinga Saga, probably the Orkney Bishop Bjarni, for the vividness and simplicity of his account of St. Magnus’ life and of the two most striking episodes in it his moral courage as a non-combatant in the battle of Menai Straits, and his saintly forgiveness of his murderers in his death-scene on Egilsay; and we must hold him worthy alike of his aureole and of the noble Norman cathedral afterwards erected in his memory by his nephew, St. Ragnvald Jarl, at Kirkwall, which took the place of Thorfinn’s church at Birsay as the seat of the Orkney bishopric. Magnus, it seems, was all through assisted by the Scottish king, and favoured by the Caithness folk, yet the Saga jealously claims him as “the Isle-earl," and adds the following description of him:

“He was the most peerless of men, tall of growth, manly, and lively of look, virtuous in his ways, fortunate in fight, a sage in wit, ready-tongued and lordly-minded, lavish of money and high spirited, quick of counsel, and more beloved of his friends than any man; blithe and of kind speech to wise and good men, but hard and unsparing against robbers and sea-rovers; he let many men be slain who harried the freemen and land folk; he made murderers and thieves be taken, and visited as well on the powerful as on the weak robberies and thieveries and all ill-deeds. He was no favourer of his friends in his judgments, for he valued more godly justice than the distinctions of rank. He was open-handed to chiefs and powerful men, but still he ever showed most care for poor men. In all things he kept straitly God’s commandments.”

As for Hakon, his cousin Magnus’ death without issue left him sole Jarl, “and he made all men take an oath to him who had before served Earl Magnus. But some winters after, Hakon ... fared south to Rome, and to Jerusalem, whence he sought the halidoms, and bathed in the river Jordan, as is palmer’s wont. And on his return he became a good ruler, and kept his realm well at peace.” He probably then built the round church at Orphir in Mainland of Orkney, the only Templar Church in Scotland.

By Helga, Moddan’s daughter, whom he never married, Hakon had a son Harald Slettmali (smooth-talker, or glib of speech), and two daughters, Ingibiorg and Margret. Ingibiorg afterwards married Olaf Bitling, king of the Sudreys; and Ragnvald Gudrodson, the great Viking, was of her line, and, as we shall see, in 1200 or thereabouts, had the Caithness earldom conferred upon him for a short time. To Margret we shall return later. By a lawful wife Hakon had another son, Paul the Silent, and it seems certain that Paul was not by the same mother as Margret or Harald Slettmali, and that Paul’s mother was not of Moddan’s family.

Moddan, Earl of Caithness, was killed in 1040. His mother, daughter of Bethoc, must have been born after 1002. If she was married at seventeen, her son Earl Moddan could not have been more than twenty when killed in 1040, and any son of his must have been born by 1041 at latest. This son may have been Moddan in Dale. Dale was the valley of the upper Thurso River, the only great valley of Caithness, and the Saga states as follows:

Moddan “then dwelt in Dale in Caithness, a man of rank and very wealthy,” and “his son Ottar was jarl in Thurso.” Frakark, a daughter of Moddan in Dale, was the wife of Liot Nidingr, or the Dastard, a Sudrland chief, and during the half century after Thorfinn’s death Moddan’s family seems to have owned much of Caithness and Sutherland, where the Norse steadily lost their hold. We may be sure also that the Celt always kept his land, if he could, or, if he lost it, regained it as soon as he could. Amongst its members this family probably held all the hills and upper parts of the valleys of Strathnavern, Sutherland and Ness at this time, and, from a centre on the low-lying land at the head waters of the Naver, Helmsdale and Thurso rivers, kept on pressing their more Norse neighbours steadily outwards and eastwards.

Shortly after Hakon’s death in 1123, King Alexander I and his brother, David I, began to organise the Catholic Church in Scotland, and also to introduce feudalism. Even in the north of Scotland, between the years 1107 and 1153 they founded monasteries and bishoprics, and introduced Norman knights and barons holding land by feudal service from the Crown. Long thwarted in their policy by Moray and its Pictish maormors, who claimed even the throne itself, these two kings pushed their authority, by organisation and conquest, more and more towards the north. Alexander I founded the Bishoprics of St. Andrew’s, Dunkeld, and Moray in 1107, and the Monastery of Scone, afterwards intimately connected with Kildonan in Sutherland, in 1113 or 1114. David I, that “sair sanct to the croun,” who succeeded in 1124, founded the Bishoprics of Ross and of Caithness in 1128 or 1130, and of Aberdeen in 1137, and endowed them with lands. The same king between 1140 and 1145 issued a mandate “to Reinwald Earl of Orkney and to the Earl and all the men of substance of Caithness and Orkney to love and maintain free from injury the monks of Durnach and their men and property,” and also in some year between 1145 and 1153, he granted Hoctor Common near Durnach, to Andrew, Bishop of Caithness, whose see was then well established there, and he spent the summer of 1150, while he was superintending the building of the Cistercian abbey of Kinloss, in the neighbouring Castle of Duffus, whose ruins still stand, with Freskyn de Moravia, the first known ancestor of the Earls of Sutherland.

Freskyn, probably about 1130 or earlier, had built this castle on the northern estate, comprising the parish of Spynie near Elgin and other extensive lands in Moray, which had been given to him in addition to his southern territories of Strabrock, now Uphall and Broxburn in Linlithgowshire, which he already held from the Scottish king. Freskyn was thus no Fleming, but a lowland Pict or Scot, as the tradition of his house maintains, and he was a common ancestor of the great Scottish families of Atholl, Bothwell, Sutherland, and probably Douglas. No member of the Freskyn family is ever styled “Flandrensis” in any writ.

We find in the extreme north of Scotland, in the first half of the twelfth century, apart from the Mackays, three leading families with great followings, which were destined to play an important part in the future government of Sutherland and Caithness, and with which we shall have to deal in detail later on.

First, there was the family of the so-called Norse jarls, descended in twin strains from Paul and Erlend, Thorfinn’s sons, owing allegiance to the Norwegian crown in respect of Orkney and Shetland and also holding the earldom of Caithness in moieties or in entirety, nominally from the Scottish king. Secondly, we have the family of Moddan, Celtic earls or maormors, with extensive territories held under the kings of Alban and Scotland for many centuries before this time, but dispossessed in part by the Norse. Thirdly, we have the family of Freskyn de Moravia then established at Strabrock in Linlithgowshire, who about 1120 or 1130 received, for his loyalty and services, extensive lands at Duffus and elsewhere in Morayshire, and probably about 1196 the lands in south Caithness known as Sudrland or Sutherland, from the Scottish crown.

Of this third line of De Moravias or Morays, two distinct branches settled north of the Oykel. First, we have Hugo Freskyn, son, it is said, but, as we shall see, really grandson, of the original Freskyn and son of Freskyn’s elder or eldest son William. This William no doubt fought for, and may, or may not, have held land in Sutherland, but his son Hugo certainly had all Sutherland properly so called, that is, Sudrland, or the Southland of Caithness comprising the parishes of Creich, Dornoch, Rogart, Kilmalie (afterwards Golspie), Clyne, Loth, and most of Lairg and Kildonan, formally granted to him, and he held also the Duffus Estates in Moray, by sea only thirty miles south of Dunrobin.

The second branch was that of the younger Freskin de Moravia, great-great-grandson of the original Freskyn, and ancestor of the Lords of Duffus, who obtained lands, which were mainly in modern Caithness, and also in the upper portion of the valley of the Naver and the valley of Coire-na-fearn in Strathnavern, by marriage with the Lady Johanna of Strathnaver about 1250. This latter portion was immediately north of the land granted to Hugo Freskyn; and the Caithness portion of Johanna’s lands marched with Hugo’s land on its eastern boundary. Nor must we forget that a large area of the modern county of Sutherland, consisting of part of the present parishes of Eddrachilles and Durness and some part of Tongue and Farr in Strathnavern, was constantly used as a refuge by Pictish refugees of the race of MacHeth or MacAoidh, displaced and frequently driven forth from Moray after the bloody defeat of Stracathro in 1130 and in later rebellions as part of the policy of the Scottish kings, and first known as the race of Morgan and then to us as the Clan Mackay.

They chose, indeed, for their refuge and ultimately for their settlements a rugged and sterile land, to which their original title was no charter, but their swords. Difficulties, it is said, make character, and nowhere is this proverbial saying better illustrated and proved than in the Reay country by its men and women. They have given their own and other countries many fine regiments and distinguished generals and statesmen, and none more so than the late Lord Reay. Their history is to be found in the Book of Mackay, a piece of good pioneer work from original documents by the late Mr. Angus Mackay, and also in his unfortunately unfinished Province of Cat.

Yet another family, of Norse and Viking lineage, which was settled in Orkney from the earliest Norse times and afterwards in Caithness and Sutherland, was that of the Gunns, who were descended in the male line from Sweyn Asleifarson the great Viking, and on the female side from the line of Paul, and later were by marriage connected with the Moddan clan and with the line of Erlend. They have for nine centuries lived and still live in Sutherland and Caithness, and have been noted alike for the beauty of their women, and for the high attainments and character and the distinction of their men, particularly in the art of war, both by land and sea.

Their descent from Jarl Paul and Sweyn is clear in the Sagas as far as Snaekoll Gunnison and no further. It was as follows: Paul Thorfinnson had four daughters, of whom the third was Herbjorg, who had a daughter Sigrid, who in turn had a daughter Herbjorg, who married Kolbein Hruga. One of their sons was Bishop Bjarni and their youngest child was a daughter Frida, who married Andres, Sweyn Asleifarson’s son, and their son was Gunni, the father, by Ragnhild, Earl and Jarl Harald Ungi’s sister, of Snaekoll Gunnison. We suggest later that Snaekoll Gunnison was the father, before his flight to Norway, of a daughter, Johanna of Strathnaver, who inherited the Moddan and Erlend estates, or that she was otherwise Ragnhild’s heiress.

The male line of the Gunns, according to a pedigree which the writer has seen, was continued after his flight by Snaekoll who, it is stated, had a son, Ottar, living in 1280. But after Snaekoll’s flight his right to succeed to Ragnhild’s estates was doubtless forfeited, and they were granted on his father’s and mother’s death to Johanna on her marriage with Freskin de Moravia of Duffus about 1245 or later, before Ottar’s birth.

With the descent of the Gunns in the male line downwards we are not here concerned. But Snaekoll’s forfeiture probably cost their male line the Moddan and Erlend lands, which were granted to Johanna of Strathnaver in Snaekoll’s absence abroad.