After the death of Jarl Ragnvald in
1158, Harold Maddadson at the age of twenty-five “took
all the isles under his rule, and became sole chief
over them." Ever since 1139 he had been sole Earl
of Cat save for Erlend Haraldson’s grant,
though Jarl Ragnvald seems to have had a share of
its lands and managed the Earldom of Caithness for
Harold during his minority, bearing the title of his
ward till the latter attained his majority in 1154.
Harold had married Afreka, daughter of Duncan, Earl
of Fife, one of the most loyal supporters of the Scottish
kings, and their children were two sons, Henry, who
afterwards claimed Ross, and of whom we hear no more,
and Hakon, Sweyn Asleifarson’s foster-child,
and two daughters, Helena and Margret, of whom we
hear nothing save their names. Hakon, from boyhood,
went with Sweyn on all his spring and autumn “vikings”
or piratical cruises, undertaken every year to the
Hebrides, Man, and Ireland, in one of which Sweyn
took two English ships near Dublin, and returned to
Orkney laden with broadcloth, wine, and English mead.
Sweyn’s life is thus described in of
the Orkneyinga Saga. “He sat through
the winter at home in Gairsay, and there he kept always
about him eighty men at his beck. He had so great
a drinking-hall that there was not another as great
in all the Orkneys. Sweyn had in the spring hard
work, and made them lay down very much seed, and looked
much after it himself. But when that toil was
ended, he fared away every spring on a Viking-voyage,
and harried about among the southern isles and Ireland,
and came home after midsummer. That he called
spring-viking. Then he was at home until
the cornfields were reaped down, and the grain seen
to and stored. Then he fared away on a viking-voyage,
and then he did not come home till the winter was
one month spent, and that he called his autumn-viking.”
At last, in a cruise to Dublin, which he captured,
Sweyn was killed by stratagem on landing to receive
payment of its ransom from the town, and the boy Hakon
probably fell there with him in 1171. “And,”
the Saga adds, “it is the common saying of Sweyn
that he was the most masterful man in the western
lands, both of yore and now-a-days, among those men
who had no higher rank than himself.” Sweyn
was, in fact the greatest man of his time. For
he robbed whom he pleased, made and undid jarls and
earls as he chose, and was the friend or tool of more
than one Scottish king.
Earl Harold had put his wife Afreka
away, and probably after Sweyn’s death formed
a union, at a date which it seems impossible to fix,
with Hvarflod or Gormflaith, daughter of Malcolm MacHeth
of Moray, who was in rebellion in 1134, and was imprisoned
in Roxburgh Castle until 1157, when he was released
and created Earl of Ross, so that Gormflaith, who
could hardly have been born during her father’s
imprisonment, must have been born either before 1135
or after 1157. Harold and Gormflaith’s
children were Thorfinn, who predeceased him, and also
David and John, both afterwards in succession earls
of Caithness and jarls of Orkney, and three daughters,
Gunnhilda, Herborga, and Langlif; and of the daughters
the Saga-writers tell us nothing, except that the
Icelander Saemund, Magnus Barelegs’ grandson,
wished to marry Langlif but did not do so; and her
son Jon Langlifson, according to the Saga of Hakon
was in 1263 a spy on the Norse side.
Here the Orkneyinga Saga ends.
But additions to its generally received text are found
in the Flatey Book, and the additions are
by no means so trustworthy as the Saga proper.
From these we learn that of Eric Stagbrellir and Ingigerd’s
children, who were settled in Sutherland, the sons,
Harald Ungi, Magnus, and Ragnvald Eric’s
son, fared east to Norway to King Magnus Erling’s
son, where young Magnus Eric’s son fell with
that king in the battle of Norafjord in Sogn in 1184.
Probably some of them were, on Eric Stagbrellir’s
death, subjected to exactions in respect of their
lands by Harold Maddadson.
Having arrived, under the guidance
of the Orkneyinga, at the closing years of
the 12th century, so far as the affairs of Orkney and
Shetland and Sutherland and Caithness are concerned,
it remains for us to turn and observe the tide of
civilisation and order which under our Scottish kings
was now setting strongly northwards and ever further
north in each successive reign, the Catholic Church
and the feudal baron being the chosen instruments
of national organisation and discipline, and the charter
being the method of establishing them in the land.
To this tide the Pictish and Columban
Churches, and the Province of Moray and its Maormors
had formed the main barriers and obstacles; and the
Saxon nobility, introduced by the elder sons of Malcolm
Canmore’s second queen, St. Margaret, had proved
quite unable to break them down. The Pict of
Moray was obstinately hostile to the Scots, and his
leaders and rulers aspired to, and claimed the crown
of Scotland itself. Rebellion after rebellion
took place, and it was not until King David I had
introduced the feudal baron with his mail-clad tenants,
and settled them on the land by charter, that any success
in establishing peace and civil order was achieved
in the vast Pictish province of Ross and Moray, which
stretched across Scotland from the North Sea to the
Minch, and whose people resisted to the utmost.
It is not part of our purpose to treat
generally of the feudal and largely Norman families,
which gradually asserted their power over the Picts
in the north, and were accepted as Chiefs, such as
were the Umphraville Earls of Angus, the Roses of
Kilravock, the Chisholms of Strath Farrer, the Bissets
and Fresels or Frasers of Beauly, the Grants of Moray
and Inverness, and the Comyns of Badenoch; for none
of these held land north of the Oykel. But later
on in the thirteenth century we shall have more particularly
to note the Chens or Cheynes in Caithness, and the
Scottish or Pictish family of Freskyn of Strabrock
and Moray, in its two branches, that of Hugo of Sutherland
and that of his grandson Freskin the younger in Sutherland
and Caithness.
Of Freskyn or Fretheskin I, the founder
of the line, we have no mention in any charter direct
to him, either of his Linlithgowshire lands at
Strabrock, or of his estate near Spynie in Moray with
its Castle at Duffus.
To us he is as Melchizedek; for neither
his father nor his mother is known. We believe
him to have been born before 1100, and so to have
been a contemporary of Frakark, Thorbiorn Klerk, and
Olvir Rosta, of Jarl Ragnvald, of Margret of Athole,
Erlend Haraldson and Sweyn, and also of Harold Maddadson;
and to have won his Duffus estate, as an addition
to his lands at Strabrock, about 1120 or at latest
1130, before or after the crushing defeat, at Stracathro,
of the Picts of Angus and Moray; and between these
dates to have built the Castle of Duffus on the bank
of Loch Spynie, in order to check Norse raids on the
Moray coast while the Norse held Turfness or Burghead;
and we know that he entertained King David I there
during the whole summer of 1150, while that king was
superintending the building of the Abbey of Kinloss.
From notices in a charter of King William the Lion
granting and confirming to Freskyn’s son, William,
his father’s lands of Strabrock in West Lothian
and of Duffus, Roseisle, Inchkeile, Macher and
Kintrai, forming almost the whole parish of Spynie,
we believe him to have been dead by 1166, or, at the
latest, 1171, the year of Sweyn Asleifarson’s
death, and we know that he held all these lands from
David I, with probably many more in Moray. Contrary
to the general impression, it seems probable that
Freskyn had not one son, but two sons, William above
mentioned and also Hugo, who witnessed a charter,
not necessarily spurious, granting Lohworuora, now
Borthwick, Church to Herbert, bishop of Glasgow, about
1150. But of this Hugo’s existence we have
no definite record, and of him we know nothing more
than that he witnessed the document above referred
to, and one other about 1195, namely, a Charter of
Strathyla, in which the words occur “Willelmo
filio Freskyn, Hugone filio Freskyn” quoted by
Shaw, in the edition
of 1775. This Hugo thus seems to have been uncle
of, and not identical with Hugo de Moravia, grantee
of Sutherland, known as Hugo Freskyn.
William, son of Freskyn, held those
lands in West Lothian and Moray probably until near
the end of the twelfth century; and this William,
son of Freskyn, had at least three sons, (1) Hugo
Freskyn, the ancestor of the de Moravias, or Murrays,
of Sutherland, (2) William of Petty, and (3) Andrew,
parson of Duffus, who appears in a writ as a son
of Freskyn, and as a brother of Hugo Freskyn of Sutherland.
Andrew was alive in 1190, and lived probably till 1221,
and has been taken to have been the same person as
Andrew Bishop of Moray who built Elgin Cathedral.
More probably he was that Bishop’s uncle, and
refused the bishopric of Ross. He witnessed the
great Charter of Bishop Bricius founding the Cathedral
at Spynie between 1208 and 1215. (Reg. Morav.
.
William, son of Freskyn, probably
had several other sons from one of whom were descended
the Earls of Atholl.
William, son of William, and so grandson
of Freskyn, with whom, as he was not interested in
Caithness or Sutherland, we have nothing to do, frequently
appears as witness to charters in and after 1195 along
with his elder brother Hugo, whom in one charter, William
being the younger, is reported to call “his
lord and brother." This William, son of William
son of Freskyn, was lord of Petty, near Fort George,
and of Bracholy, Boharm, and Artildol, and died before
1226, leaving an eldest son Walter of Petty, a cousin
of Sir Walter of Duffus, and from Walter of Petty
are descended the great family, notorious in Orkney,
of Bothwell, his great-great-grandson having been Sir
Andrew of Bothwell, Wardane of Scotland, who died
in 1338. William of Petty, to whom and whose
descendants we now bid adieu, was probably sheriff
of Invernarrin or Invernairn in 1204, and uncle
of another William who became first earl of Sutherland.
In Hugo, the elder son of William
son of Freskyn, we are deeply interested. For,
if his father “William son of Freskyn”
had no grant of Sutherland, Hugo Freskyn certainly
had not only such a grant but possession as well.
Two Charters, the Carta de Suthirland and Alia
Carta Suthirlandiae appear in the list of documents
in the Treasury of Edinburgh in 1282, and one or both
of these may have been the original grant or grants
of his Sutherland estate. They may, on the other
hand, have been the later grants of the earldom, or
still later charters relating to it. They have,
however, disappeared.
Notwithstanding their disappearance,
ample evidence of the tenure of the estate of Sutherland
by Hugo Freskyn has been preserved until the present
day in the Charter-room at Dunrobin; and the documents
are happily as legible as they were over 700 years
ago.
By a charter, dated about 1211,
Hugo granted to Master Gilbert, Archdeacon of Moray
and to those heirs of his family whom he should choose
and their heirs, all his land of Skelbo in Sutherland
and of Fernebuchlyn and Inner-Schyn, and also his
whole land of Sutherland towards the west which lay
between the aforenamed land and the marches of Ross,
to be held to himself and to his own heirs for ever
from the granter and his heirs, performing for such
lands the service of one bowman and the forinsec service
due to the king in respect of such lands; and this
grant was confirmed by King William the Lion (who
died in December 1214) on the 29th of April, probably
in 1212, at Seleschirche, now Selkirk, and was also
confirmed by Hugo’s son William, Lord of Sutherland,
about 1214. This renders it certain that Hugo
himself had died before December 1214, the latest possible
limit of the date of this charter. He was buried
in the Church of Duffus, as the Register of Moray
states, and he can hardly have been the Hugo who
witnessed the Charter of the Church of Lohworuora
sixty-two years at least before, to which Prince Henry,
who died in 1152, was a witness. For Hugo of Sutherland
would then have been too young to have been selected
as a witness, and he was not Hugo, son of Freskyn
(Hug. filio Fresechin), but Freskyn’s grandson.
Hugo Freskyn of Sutherland had three
sons, (1) William, great-grandson of the original
Freskyn, dominus or Lord of Sutherland, and
afterwards first earl, (2) Walter, who succeeded to
Strabrock in Linlithgowshire and to Duffus and the
family estates in Moray, which were thus severed in
ownership from Sutherland, and (3) Andrew. Walter
of Duffus married Euphamia, daughter of the most able
and renowned general of his time, Ferchar Mac-in-Tagart,
Earl of Ross; and Walter was known as Sir Walter
de Moravia, and lived till 1243, but was dead by 1248,
his widow surviving him, and later on we shall come
to another Freskin, their eldest son, (who was dominus
de Duffus on 20th March 1248), in Strathnaver
and Caithness. Hugo’s third son, Andrew,
was the parson of Duffus who became Bishop of Moray,
and moved the see from Spynie to Elgin, where he erected
a specially beautiful Cathedral, the predecessor of
that whose splendid ruins still stand. According
to the Chronicle of Melrose he died in 1242.
Hugo Freskyn’s eldest son, William,
Lord of Sutherland, was simply “William de Sutherlandia”
on the 31st August 1232, and “W. de Suthyrland”
appears as a witness to a grant of a mill on 10th October
1237. But William, Hugo’s son, was by Alexander
II created Earl of Sutherland, as we hope to show,
soon after 1237, probably as a reward for long and
loyal service to William the Lion and to Alexander
II, between the year 1200 and the date of his creation,
in the various difficulties and rebellions in Moray
and Caithness, between which two centres of disaffection
his territory of Sutherland lay. For William’s
family had then its “three descents” and
more, and its chief had a sufficient body of retainers
settled on the land to entitle him to the dignity
of an earldom. That he was earl there is no doubt,
because a deed of 1275 settling litigation between
the Earl William of that date and the Bishop of Caithness
refers to William of glorious memory and William his
son, earls of Sutherland, nobiles viros, Willelmum
clare memorie et Willelmum ejus filium, comités Sutthirlandie.
The first four generations of the
Freskyn family seem to be also clearly proved in one
line of a grant by William the Lion to Gaufrid Blundus,
burgess of Inverness, of 2nd May (year omitted) which
is attested “Willelmo filio Freskin Hugone filio
suo et Willelmo filio ejus,” which is strange
Latin, but embraces all four generations. It
is quoted in the New Spalding Club’s Records
of Elgin, as from Act Parl. Scot. The Charter is dated at Elgin probably
near the end of the twelfth century, when William Mac-Frisgyn,
Hugo, and William of Sutherland were all alive.
Not a single member of the family was, as every Fleming
was, styled “Flandrensis” in any charter
or writ, and Fretheskin is probably a Gaelic name,
of which the latter part may mean “knife”
or “dagger.” The name does not mean
Flemish or Frisian.
Having now introduced the various
prominent persons in the north of Scotland over seven
hundred years ago, both on the Norse and on the Scottish
sides, let us now look more closely and in detail at
the main events which had been taking place there
and elsewhere since the end of the reign of David
I, when his grandson Malcolm IV, known as The Maiden,
succeeded in 1153.
The first event in the brilliant reign
of this boy king was the invasion and plundering of
Aberdeen by Eystein king of Norway about 1153,
in repelling which the feudal Barons of Moray and Angus,
including the first Freskyn of Duffus and his son William
MacFrisgyn, must have been of service. In the
same year Somarled of Argyll and the sons of MacHeth
engaged in a joint rebellion, which lasted three years
until the eldest of them, Donald, was taken and placed
as a prisoner with his father in Roxburgh Castle,
leaving Somarled to continue the war alone. This
war was put an end to by the release of Malcolm MacHeth,
who was created Earl, probably of Ross, after another
civil war in Somarled’s own country had called
Somarled back to the Isles; and the young king Malcolm
joined Henry II of England in his wars in France.
During King Malcolm’s absence abroad Fereteth,
Earl of Stratherne, and five other earls, of whom
Harold Maddadson was probably one, rebelled in 1160;
and, on failing in an attempt to kidnap the young
king, who had returned to quell the disturbance, the
six earls were reconciled to him; and in the same year
he subdued another rising in Galloway, and yet another
in Moray. The subjugation of Moray is said to
have been carried out with the greatest severity.
According to Fordun the king “removed the
rebel nation of Moray men and scattered them throughout
the other districts of Scotland, both beyond the hills
and this side thereof,” though Robertson in his
Early Kings expresses the opinion that this
clearance took place in the reign of David his predecessor.
He is probably right, but whenever it took place,
it doubtless gave Sutherland the first of its Mackays,
originally MacHeths, who were at first refugees from
Moray, and ultimately in the thirteenth century are
found settled in Durness in the north-western parts
of the modern county of Sutherland. It was at
this time, too, that the Innes family, afterwards so
well known in Caithness and Sutherland, were, in the
person of Berowald the Fleming, given their lands
in Moray, William MacFrisgyn, Freskyn’s eldest
son, and father of Hugo Freskyn of Sutherland, witnessing
the charter, a neighbourly turn which has ever since
caused some to believe wrongly that the Freskyns were
Flemings.
Malcolm next defeated another rising
by Somarled, who was killed in 1164, by treachery
or surprise, in a skirmish at Renfrew, and was
not Somarled the freeman, who is said in the Orkneyinga
Saga to have been slain by Sweyn in the Isles,
in his pursuit and defeat of Gilli Odran in the Myrkfjord
about seven years earlier.
Then King Malcolm, after a short but
brilliant reign, died in his 24th year. He was
succeeded by his brother William the Lion, who was
forthwith crowned at Scone on Christmas Eve 1165 in
his twenty-second year.
We may now try to state how things
stood in the north at the date of his accession.
Soon after this time his grandfather’s friend,
the first Freskyn, died between 1166 and 1171, and
was succeeded by his son William MacFrisgyn, whose
son Hugo would then be quite young. Harold Maddadson
had in 1165 been for twenty-six years Earl of Caithness,
and Jarl of Orkney and Shetland for nineteen years
jointly with Ragnvald, and for seven years sole jarl
of those islands. He had probably put away his
first wife Afreka of Fife about 1165, but he afterwards
lived with Gormflaith, the daughter of Malcolm MacHeth
from a date which cannot be fixed with certainty.
Led by her, it is said, Harold was openly hostile
to the Scottish king, of whom, however, he held the
earldom of Caithness, which at that time included not
only the parishes of Creich, Dornoch, Rogart, Kilmalie
or Golspie, Clyne, Loth, and most of Kildonan and
of Lairg, then called by the Norse Sudrland, but also
the districts of Strathnavern, Eddrachilles, and Durness
(where Mackay refugees had not yet permanently settled)
as well as Ness, which is now known as the County
of Caithness.
The diocese of Caithness, which then
was co-terminous with the earldom and comprised all
the above districts which now form the modern counties
of Caithness and Sutherland, had in 1165 been in existence
for about thirty-five years; its chief church being
at first at Halkirk in Caithness and thereafter being
the old Church of St. Bar at Dornoch, but it was scantily
endowed, and therefore its clergy were but few.
Its Bishop was Andrew, a Culdean monk of Dunfermline,
and probably Abbot of Dunkeld, who had been promoted
to the see of Caithness before 1146, and died at Dunfermline
on the 30th December 1184. Ingigerd, Earl Ragnvald’s
daughter, would at this time be a young wife and mother
living with some of the elder of her six children,
probably near Loch Naver, on part of the Moddan family
lands there with her husband, Audhild’s son
Eric Stagbrellir, until their sons, Harald Ungi,
Magnus, and Ragnvald, should grow up. But these
sons, possibly on their father’s death, and certainly
before 1184, when young Magnus Mangi was killed
at the battle of Norafjord, emigrated to Norway to
obtain the Orkney jarldom about ten or fifteen years
after King William’s accession; while of Ingigerd’s
daughters, Ingibiorg, Elin, and Ragnhild, nothing
is recorded at this time, though Ragnhild appears
later on, and one of her sisters is believed to have
married Gilchrist, Earl of Angus during the last twenty
years of the twelfth century. The other may have
married in Norway, or died young and unmarried.
All these children and their descendants
successively according to sex and seniority would
have claims as being of the line of Erlend Thorfinnson,
to half the Caithness earldom and Jarl Ragnvald’s
lands there, claims which, however, it would be impracticable,
while Harold Maddadson lived, to enforce.
Harold Maddadson’s children
by his first wife, namely Henry of Ross, Hakon, Helena
and Margaret would, in 1165, all be born, but would
be well under twenty-one, while of his second family,
if Gormflaith was born by 1135, which is unlikely,
his eldest son, Thorfinn could have been born, and
some of the others. Thorfinn is mentioned by name
in a grant of a silver mark per annum to the Church
of Scone issuing out of Harold’s lands, of which
the date is after 1166, but no one can say how much
before the 30th December 1184, the date of the death
of one of its witnesses, Andrew, Bishop of Caithness.
If the union with Gormflaith took
place after 1174, no child of that union would exist
until 1175. That this is in fact true is rendered
more probable because their union is not mentioned
in the Flatey Book until after the death of
Sweyn in 1171. But the passage is of doubtful
authenticity, and inconclusive
even if genuine. From the various allusions to
Harold’s union with Gormflaith, it would seem
that Harold lived with her before he married her for
many years, but married her legally after his first
wife Afreka’s death after 1198 when William
the Lion stipulated that he should take Afreka back,
and the subsequent legal marriage might in those days,
under the Canon and Roman law, suffice to make Gormflaith’s children,
though born in adultery, legitimate and capable of succeeding to the earldom.
In 1165 Sweyn Asleifarson, the great
Viking, would be cruising on the northern and western
coasts with Harold’s son, Hakon, on board, until
their deaths in Dublin in 1171.
As for those in authority, Harold
Maddadson would have as contemporaries, Freskyn of
Duffus till his death between 1166 and 1171, and his
son William till his death near the end of the 12th
century, when Hugo, son of William, would succeed to
the Morayshire estates, though probably he had previously
obtained a grant of the land then known as Sudrland
or Sutherland, which is defined above. Hugo probably
received this grant after William the Lion’s
first conquest of Sutherland and Caithness in 1196,
shortly before the time when, as we shall see, Harald
Ungi obtained in right of his mother a grant
of half Orkney from the Norse king, and another from
the king of Scotland of half Caithness, and probably
a confirmation of his title to the Moddan lands in
Strathnaver and in Halkirk and Latheron, to which
he was heir in right of his father and grandmother
Audhild of the Moddan line. But this half of
Caithness would be conferred on Harald Ungi subject
to the prior grant of Sudrland to Hugo Freskyn.
For Harold Maddadson must, in the opinion of so eminent
an authority as Lord Hailes, have been forfeited in
1196, if not earlier, for both he and his son Thorfinn
were then in open rebellion against the Scottish Crown.
Further deprivations of lands, it
is conjectured, must have attended Harold Maddadson’s
later rebellions, and the events which must have led
to those deprivations may now be recounted, though
it is very difficult to reconcile Scottish and Norse
records during the period.
In 1179 King William the Lion had
marched an army into Ross, and subdued it to his sway;
and, ere he left it, caused two castles of Eddirdovir
on the site of Redcastle in the Black Isle on the Beauly
Firth, and of Dunskaith on the northern Suter of
Cromarty, which is full of Norse remains, to be built,
to enable him to hold his conquests.
Two years later he made war on Donald
Ban MacWilliam, who claimed the Scottish Crown itself,
as the third son of William FitzDuncan only son of
Duncan II, who was himself the eldest son of Malcolm
Canmore by Malcolm’s first marriage, so productive
of civil war in Scotland, with Ingibjorg, widow of
Earl Thorfinn. Civil war ensued, and lasted for
six or seven years, when, by good luck, Roland of Galloway
fell in with a force of the rebels at an unknown spot
called Mamgarvie near Inverness, and routed them,
killing Donald Ban MacWilliam there on the 31st July
1187.
In 1196, Harold Maddadson, who through
the ambition of Gormflaith had, as we have seen, designs
on Ross and Moray, sent an expedition southwards to
occupy those districts, of which probably Gormflaith’s
father, Malcolm MacHeth, had been Earl at his death
after 1160. But William collected an army,
and, after defeating Harold’s son Thorfinn near
Inverness, crossed the Oykel, entered Sutherland,
subdued it and Caithness, and pursued Harold up to
his castle at Thurso, and destroyed it in his sight.
Harold then submitted, and promised to surrender his
son and heir, Thorfinn, as a hostage, with others
of his friends to be delivered to the king at Nairn.
Harold left all his hostages close by at Lochloy,
and went alone to the king at Nairn, and endeavoured
to excuse himself by offering two grandsons to the
king and stating that Thorfinn was his heir and
could not therefore be given up; but was taken prisoner
himself and lodged in Edinburgh Castle, till his son
Thorfinn came to take his place. On this occasion
Harold Maddadson was deprived of Sudrland or Sutherland,
which had been given to Hugo Freskyn; and in the next
year, or soon after, half of the earldom of Caithness,
which the Flatey Book states Jarl Ragnvald
had held, was conferred by King William the Lion
on Harald Ungi or The Young, as grandson of Jarl
Ragnvald, and son of Eric, who, however, had to make
good the grant by conquest. Harald Ungi
had, as stated above, already obtained a grant from
King Sverri of half Orkney by a visit to the Norwegian
Court.
In order to enforce his rights under
both these grants, Harald Ungi collected a force,
and, together with Sigurd Murt, and Lifolf Baldpate,
the first husband of his youngest sister Ragnhild,
invaded Orkney, while Harold the Old fled to the Isle
of Man; but, on his namesake following him thither,
he doubled back to Orkney, and, after killing all
the adherents of his enemies there, crossed over to
Caithness with a strong force. In a pitched battle
“near Wick,” said to have been fought
at Clairdon near Thurso, he slew Harald Ungi,
and utterly defeated his army, in 1198. Harold
the Old then endeavoured to make terms with the king,
and offered him a large sum for the redemption of
Caithness. The king, however, attached as conditions
to any regrant, that the earl should put away Gormflaith,
the daughter of MacHeth, and take back his wife, Afreka
of Fife, and deliver up Laurentius, his priest, and
Honaver, son of Ingemund, as hostages. The earl,
on his part, refused the terms; and, the earldom thus
remaining forfeited, King William at once invited
Ragnvald Gudrodson, the great Viking king of the Sudreys
and Man, and then his friend and ally, to assemble
a force and drive Harold out of Caithness, promising
to confer that earldom upon his general, if successful
in the campaign.
Ragnvald Gudrodson, it may here be
noted, had, if we pass over his own illegitimacy,
in the absence of direct male heirs of Earl Hakon since
Erlend Haraldson’s death in 1156, probably the
best title to receive a grant of the jarldom of Orkney
and Shetland and the earldom of Caithness of all the
surviving descendants of Earl Thorfinn Sigurd’s
son. For Ragnvald Gudrodson was the grandson of
Ingibjorg, Earl Hakon’s elder daughter, while
Harold Maddadson was the son of Ingibjorg’s
younger sister, Margret of Athole. Ragnvald Gudrodson’s
title was, but for his own illegitimacy (in spite of
which he held his own kingdom) equal, if not superior
to that of all survivors of the Erlend Thorfinnson
line, which was now represented in the male line only
by another Ragnvald the son of Eric Stagbrellir, who
would claim, in default of male heirs of Jarl St.
Magnus, through the female line of Erlend Thorfinnson,
as being descended successively from Gunnhild, Erlend’s
daughter, her son Ragnvald Jarl and Saint, and Ingigerd
his only child. And there is no proof that Ragnvald
Ericson was alive at this date, or that he ever returned
from Norway to prefer his claim.
Ragnvald Gudrodson forthwith collected
a great army in Ireland and the Sudreys and invaded
Caithness, and, meeting Harold Maddadson in battle
at Dalharrold, where the River Naver issues from
the loch, drove him northwards down the strath to
the coast, whence he escaped to Orkney. The Saga
says simply that Harold stayed in Orkney, and this
location of the battle near Achness rests solely on
tradition, which, however, in the Highlands, is often
a solid enough foundation.
King William next conferred the earldom
on Ragnvald Gudrodson, for, it is said, a considerable
sum of money, reserving his own annual tribute.
On receiving the earldom, Ragnvald
Gudrodson left in charge of Caithness six stewards,
of whom Lagmann Rafn was the chief, and went back
to the Isle of Man. Harold had one of these stewards
murdered by an assassin, and returned with a large
force to Thurso to punish the Caithness folk; and,
when Bishop John interceded for the people of his
diocese, Harold, whom he had irritated by refusing
to collect the Peter’s Pence which the Earl
had given to Rome, would not listen to him, but mutilated
him, probably in 1201, nearly blinding him, and all
but cutting out his tongue, though afterwards the bishop
regained his sight and speech in some measure, and
may have lived to administer his diocese till 1213.
It is noteworthy that Pope Innocent III, in his letter
of 1202, does not directly blame Harold for the illtreatment
of the bishop, but Lumberd, a layman, whose penance
the letter prescribes.
Harold then drove out the stewards,
and they fled to the Scottish king, who made the best
amends he could to them, and Rafn, the Lawman,
seems to have returned and to have lived and enforced
the law in Caithness until at least 1222.
To punish Earl Harold, King William
at once had Harold’s son Thorfinn blinded and
so mutilated in Roxburgh Castle that he died there.
William also collected a large army and marched in
person to Eysteinsdal or Ousedale near the Ord of
Caithness, and Harold, though he is said to have brought
together seven thousand two hundred men, avoided battle
and evaded the king’s pursuit. Harold also
began negotiations with King John of England and received
a safe conduct for a journey to England to see him.
Later in the year Harold is said to
have recovered his earldom through the intercession
of Bishop Roger of St. Andrews, for a payment of two
thousand pounds of silver, which Munch conjectures
may have been handed over to Ragnvald Gudrodson to
replace the sum which he had paid to the king for
the earldom; and it is true that we hear no more of
Ragnvald in connection with Caithness, though he lived
until 1229. At the same time, we can hardly believe
that Harold, as the Flatey Book says, received
back “all Caithness as he had it before that
Earl Harald the Young took it from the Skot-king."
What happened probably was, that Harold Maddadson,
who had been stripped by King Sverri of Shetland in
1195, was allowed by King William in 1202 to keep
part of his Caithness earldom upon payment by its inhabitants
of a fine of every fourth penny they possessed.
Otherwise his son David could not have succeeded to
any part of Caithness, as he undoubtedly did, when,
four years later, in 1206, his father’s long
and chequered career of sixty-eight years in the earldom
was closed by his death at the age of seventy-three.
Ugly of countenance, but of great
bodily strength and stature, crafty, self-seeking,
treacherous and wholly unscrupulous, he is still known
in the North as “the wicked Earl Harold,”
yet the Saga classes him with Sigurd Eysteinsson and
Thorfinn Sigurdson as one of the three greatest of
the Jarls and Earls of Orkney and Caithness.
On the mainland, no new earldom north
of the Oykel was conferred on anyone for a further
period of thirty years. It was, in fact, neither
the policy nor, save in very exceptional cases, the
practice of the Scottish kings to grant earldoms to
men with powerful followings and vast territories;
for these made them, especially in remote situations,
almost independent rulers, and dangerous enemies, and
it was undesirable to increase their importance by
additional dignities. It was, on the contrary,
usual by charter to create barons and other military
tenants, who should hold their lands, described in
their charters, by military service, in male succession
direct from the Scottish Crown, and liable to forfeiture
for disloyal conduct. Nowhere were military tenants
so essential as they then were in the extreme north
of Scotland on lands immediately adjoining the territories
of Norse jarls owing double allegiance, and therefore
of doubtful loyalty to the Scottish Crown. For
this reason also no part of the lands of the Erlend
line would be granted to the line of Paul, as an addition
to their own.
From what has been above stated, it
will appear that we have treated the well known history,
intituled The Généalogie and Pedigree of the Earles
of Southerland and written down to 1630 by Sir
Robert Gordon, Baronet of Gordonstoun, and continued
by Gilbert Gordon of Sallach until 1651, as mere
fiction as regards all persons before William, first
Earl. “Alane Southerland, Thane of Southerland,”
Walter “first Earle,” Robert, second earl,
who is alleged to have founded “Dounrobin Castell”
were purely fictitious persons. “Hugh Southerland,
Earle of Southerland nicknamed Freskin” existed,
but never was an earl, as Sir Robert well knew, because
he quotes charters right up to his death, in which
he was styled simply Hugo Freskyn. The Sutherland
Book also wholly omits William MacFrisgyn, second
Lord of Duffus and Strabroc, the son and heir of Freskyn
I and the father of Hugo. A revised pedigree
of the early generations of Freskyn’s family
will be found in an Appendix to this book, and it
is believed to be correct. At the same time it
is in conflict as to the first three generations with
so high an authority as the late Cosmo Innes, and Sir
William Fraser followed him. However this may
be, it is abundantly clear, from contemporary and
undoubtedly authentic records still happily extant,
that in the twelfth century Freskyn de Moravia and
his immediate successors were the guardians appointed
by one Scottish king after another to protect the
fertile coast lands of Moray and Nairn alike against
the race of MacHeth from the hills and the Norse invader
from the sea; and that on the extensive territories
which they possessed, they built stately castles and
endowed cathedrals and churches with lands and tithes,
providing from their family not only high ecclesiastical
dignitaries to serve them, but distinguished soldiers
and administrators to give them peace; services which
their successors in the thirteenth century were, in
their turn, destined to repeat and continue in Sutherland,
Strathnavern and Caithness, when the old Norse earldom
there had been broken up and effectively incorporated
in the kingdom of Scotland.