Read CHAPTER VII - Harold Maddadson and the Freskyns of Sutherland and Caithness in Saga-Time / The Jarls and The Freskyns, free online book, by James Gray, on ReadCentral.com.

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.