After the death of Earl John in 1231,
we come to a most perplexing time, and it is almost
impossible to discover a way out of the maze of genealogical
difficulties in which we find ourselves involved.
Not only is there no chronicle of the period, but
there are hardly any records at all to help us.
The pedigree of the descendants of Earl Harold Maddadson,
and particularly of his daughters, who are named in
the Orkneyinga Saga, ceases; and that of
Earl John’s family and of Harald Ungi and
his sisters downwards stops also, save in the case
of Ragnhild, the youngest of them, whose son Snaekoll
Gunni’s son is mentioned as claimant in 1231
from Earl John of certain lands in Orkney and in Caithness
as well.
Attempts to clear up the mystery have
been made, but none of them have resulted in any
certain or trustworthy conclusions. Nor can anyone
now expect to fare much better; for not only are authentic
pedigrees of the Caithness earls and the materials
for framing them undiscovered or non-existent, but
yet another pedigree, namely that of the Angus line,
which provided, from its male members, successors to
the title and to a moiety of the Caithness earldom,
is very obscure.
This chapter, therefore, is largely
conjectural, and must be accepted as such. It
deserves, and will doubtless receive, severe criticism.
So far as the Angus pedigree can be
ascertained, it appears that Earl Gillebride died
about 1187, leaving two sons, Adam and Gilchrist, who
succeeded in turn to that earldom, and Gillebride also
left a third son, Gilbert, a fourth, William, and
a fifth, Angus, who had a son Gillebert or Gillebryd.
Gilchrist died about 1204, leaving an eldest son,
Duncan, Earl of Angus, and another son called Magnus,
by his two wives respectively, his second wife, from
the name of Magnus given to her eldest son and to
many subsequent earls of that son’s line, being
assumed with considerable probability to have been,
not a sister of Earl John, but a sister of Harald
Ungi, either Ingibiorg or Elin. Duncan died
about 1214, and left a son, Malcolm, Earl of Angus,
whose sole heiress was a daughter, Matilda, who, about
1240, married, first, John Comyn, who was killed in
France shortly after the marriage, without leaving
issue to inherit. As her second husband, Matilda,
Countess of Angus married Gilbert d’Umphraville,
Lord of Prudhoe and Redesdale in Northumberland in
1243; and their son, also named Gilbert d’Umphraville,
was born about 1244, and succeeded his father as Earl
of Angus in 1267, and though both these Gilberts became
successively Earls of Angus, neither of them ever
became Earl of Orkney. Robertson’s contention
in his Early Kings of Scotland, that they were grafted on the wrong
pedigree seems justified by the discrepancy in dates;
for the Icelandic Annals give only one Gibbon who
died in 1256, and we know that Magnus III was earl
in 1263 and till 1273. Indeed little confidence
can be reposed in the Diploma of the Orkney Earls,
the only authority for the existence of two Orkney
Earls called Gilbert, and in the period covered by
the Orkneyinga Saga, we can prove many errors
in the Diploma.
Of Magnus son of Gilchrist, Earl of
Angus, we know something. He was alive in 1227,
when he attested the record of the perambulation of
the boundaries of the lands of the Abbey of Aberbrothock,
and in the List of the Oliphant family charters dated
1594 in the Register House in Edinburgh there is an
entry of “Ane charter under the Great Seill
made be Alexr to Magnus sone to Gylcryst sometime Earle
of Angus of the Erledome of South Caithness”
which included Berridale and lands which Magnus’
granddaughter’s great-grandson Malise II conveyed
to Reginald Chen III, known as “Morar na
Shein,” after 1340.
It has been suggested that after Earl
John’s death in 1231, the successor to the earldom
of Caithness was a minor, which Earl Gilchrist’s
son, Magnus, could not have been in 1231, and that
this minor and ward was a son of Magnus, and bore
the same name as his father.
The wardship seems at first sight
to be proved in Robertson’s Early Kings,
and the proof is to the following effect: Malcolm
of Angus attested a charter in Earl John’s lifetime
on 22nd April 1231, using his own title of “Angus”
only. After John’s death, Malcolm attested
another charter on 7th October 1232 as “M.
Comite de Anegus et Katania," using, in addition
to his own title of Angus, as was customary, the title
of a ward, who was heir to another earldom, in this
case that of Caithness. But on 3rd July 1236,
Malcolm Earl of Angus, who lived till 1237 if not
longer, attested a third charter using his own title
of “Angus” only, without the addition “and
of Caithness.” These facts can be explained
by his ward’s having attained his majority and
entered upon his earldom of Caithness between 7th
October 1232 and 3rd July 1236. They cannot be
explained by saying that “M” was not Malcolm,
but Magnus, and that “M” stands for Gilchrist’s
son Magnus, who had become Earl of Caithness.
For there was no “M. Comes de Angus”
at the time save Malcolm, and Malcolm was therefore
for about four years Earl of Caithness as well as of
Angus.
Robertson’s explanation is that
Malcolm was Earl of Caithness only as guardian of
a ward entitled to that earldom. The question
then arises, as Robertson puts it, “who was
the heir?” and he answers it, “certainly
not his uncle Magnus, son of Gillebride, but
very probably the son of Magnus by Earl John’s
daughter; the supposed grant of the Earldom to this
Magnus being probably grounded upon his real marriage
with the heiress,” and he adds “If, on
the death of Earl John in 1231, his grandson was an
orphan and a minor, his wardship would naturally have
been granted to the next of kin, his cousin the Earl
of Angus.”
One further charter has to be dealt
with. In Reg. Hon. de Morton, cited in Origines Parochiales, a grant by King Alexander II, to Patrick
Earl of Dunbar dated 7th July 1235 is attested by
a witness, whose name or initial is illegible, but
who is styled ... Earl ... Katanay, ...
Comite ... Katanay, and a confident
opinion is expressed in a note to the citation that
the witness was Magnus, Earl of Caithness. Now,
Earl John’s daughter was taken as a hostage
on August 1, 1214, and, if she was then marriageable
and was married at once, her eldest child could have
been born about May 1215, and would attain twenty-one
about May 1236, but to suppose her son of the name
of Magnus to have been the ward for whom the Earldom
of Caithness was being kept till 7th July 1235 from
1232 and that he had become Earl of Caithness on the
7th July 1235 seems impossible. If the blank
should be filled up with “de Anegus et,”
then Malcolm Earl of Angus must still have been the
guardian, and the ward’s father and mother must
both have been dead by 7th October 1232. This
involves three unproved assumptions, of two unrecorded
deaths and one unrecorded birth.
On the whole, therefore, we believe
that there is another and simpler explanation, and
it seems probable that there was in this case no wardship,
or if there was, that there was a great deal more,
and that Malcolm held the earldom of Caithness as
Custos or administrator or trustee for the
Crown for four years after Earl John’s death
till the succession was settled, and till all Caithness
except Sutherland was parcelled out among three claimants,
namely the two heirs, each of one of two sisters of
Harald Ungi, and the hostage daughter of Earl
John.
When all this was settled, Magnus,
as the son of one of the two elder sisters of Harald
Ungi, and also as the husband of Earl John’s
daughter, would be entitled on Earl John’s death,
jure maritae, in Orkney, to a grant from the
Norse king of the Orkney jarldom, and also, in Caithness,
first, jure maritae, to a grant from the Scottish
king in or after 3rd July 1236, of the North Caithness
earldom and lands held by Earl John, which Dalrymple in his Collections states positively,
without quoting his authority, that Magnus had for
a payment of L10 per annum, and, secondly, jure
matris (Ingibiorg or Elin) to a grant, also from
the Scottish king, of the earldom of South Caithness,
which by the Charter of Alexander “under the
greit Seill,” above alluded to, Magnus also
got.
The other moiety of the Caithness
earldom lands would be fairly given to Johanna as
heiress of Ragnhild, Harald Ungi’s youngest sister,
and we know that Johanna got that other moiety, because
we find that her descendants inherited it, and conveyed
it or parts of it by writs still extant, by the description
of “half Caithness.”
There are, however, other views.
Skene’s opinion on the subject of the succession, in his very able paper,
is as follows:
“Earl Harald died in 1206, and
was succeeded by his son David, who died in 1214,
when his brother John became Earl of Orkney and Caithness.
Fordun tells us that King William made a treaty of
peace with him in that year, and took his daughter
as a hostage, but the burning of Bishop Adam in 1222
brought King Alexander II down upon Earl John, who
was obliged to give up part of his lands into the hands
of the king, which, however, he redeemed the following
year by paying a large sum of money, and by his death
in 1231 the line of Paul again came to an end.
“In 1232, we find Magnus, son
of Gillebride, Earl of Angus, called Earl of Caithness,
and the earldom remained in this family till between
1320 and 1329, when Magnus Earl of Orkney and Caithness,
died; but during this time it is clear that these
earls only possessed one half of Caithness and the
other half appears in the possession of the De Moravia
family, for Freskin, Lord of Duffus, who married Johanna,
who possessed Strathnaver in her own right, and died
before 1269, had two daughters, Mary, married to Sir
Reginald Cheyne, and Christian, married to William
de Fedrett; and each of these daughters had one fourth
part of Caithness, for William de Fedrett resigns
his fourth to Sir Reginald Cheyne, who then appears
in possession of one-half of Caithness (Chart. of
Moray; Robertson’s Index). These daughters
probably inherited the half of Caithness through their
mother Johanna. Gillebride having called one
of his sons by the Norwegian name of Magnus, indicates
that he had a Norwegian mother. This is clear
from his also becoming Earl of Orkney, which the king
of Scots could not have given him. Gillebride
died in 1200, so that Magnus must have been born
before that date, and about the time of Earl Harald
Ungi, who had half of Caithness, and died in 1198.
Magnus is a name peculiar to this line, as the great
Earl Magnus belonged to it, and Harald Ungi had
a brother Magnus. The probability is that the
half of Caithness which belonged to the Angus family
was that half usually possessed by the earls of the
line of Erlend, and was given by King Alexander
with the title of Earl to Magnus, as the son of one
of Earl Harald Ungi’s sisters, while Johanna,
through whom the Moray family inherited the other
half, was, as indicated by her name, the daughter
of John, Earl of Caithness of the line of Paul, who
had been kept by the king as a hostage, and given
in marriage to Freskin de Moravia.”
Sir William Fraser in a note to
the Sutherland Book a mere obiter
dictum, however doubts Skene’s
suggestions “that Johanna, Lady of Strathnaver,
who married Freskin de Moravia, Lord of Duffus, about
1240, was the daughter of John Haraldson,” that
is Earl John, and that “Magnus of Angus was
the son of a sister of a former Earl of Caithness,”
and states that “Skene’s arguments are
plausible, but there is no very good evidence in support
of them.” Skene’s argument rests
mainly on the names “Johanna” and “Magnus,”
by itself an insecure foundation, and one which it
is hoped to explain or remove, adopting the argument
from “Magnus,” a name which constantly
recurs, and rejecting the argument from “Johanna,”
a name which never again appears, in this family.
A century or more after the death
in 1231 of Earl John, we find Reginald Chen III, known
as Morar na Shein or “Lord” Schen,
in possession of a moiety of the Caithness earldom,
without the title, and living in Latheron and Halkirk
parishes, while the other moiety was held by the Caithness
Earls of the line of Angus, and in 1340 we find Reginald
More, Chamberlain of Scotland, ancestor of the Crichton
or Sinclair Earls of Caithness, acquiring from Malise
II, one of the Stratherne Earls of Caithness and a
descendant of the line of Paul and also of the line
of Erlend, part of south Caithness (including Berridale),
which therefore Reginald Chen III did not then own
or acquire, though he owned half Caithness. But
Reginald Chen III did acquire Berridale and other
lands later in David II’s reign according to
Origines Parochiales, II.
Now it is known from other sources
that Reginald Chen III was a grandson of Johanna of
Strathnaver, the mysterious lady of unrecorded parentage
already referred to, who owned land in “Strathnauir,”
and who was dead in 1269, and who had married, at
a date which we hope to fix, Freskin de Moravia, Lord
of Duffus, then also dead, and had had by him two
daughters, Mary and Christian, who were married respectively
to Reginald Chen II and William de Federeth I (whose
sons respectively were Reginald Chen III and William
de Federeth II) and these ladies succeeded each to
one fourth of Caithness; and a grant, which was
made in David II’s time by William de Federeth
II in favour of Reginald Chen III, placed him in possession
of William de Federeth II’s quarter of Caithness.
Reginald Chen III thus had all the half share of Caithness
which was held by his grandmother, Johanna of Strathnaver.
We also know that by another grant in 1286 William
de Federeth I had already conveyed to Reginald Chen
II four davachs of land in Strathnaver and all his
other lands there; and, besides these grants, we have
authentic record in May 1269, which recites that Lady
Johanna had before that date granted a considerable
part of her lands in Strathnaver to the Bishop of
Moray for the maintenance of two chaplains to minister
in the Cathedral of Elgin.
By the above record, which is a regrant
of the Strathnaver lands by Archebald Bishop of Moray
in May 1269 to Reginald Chen II, not only is his marriage
before that date to Mary daughter of Johanna by Freskin
de Moravia proved, but the lands in Strathnaver are
identifiable. They were “Langeval and Rossewal,
tofftys de Dovyr, Achenedess, Clibr’, Ardovyr
and Cornefern,” which now are known in part as
Langdale, Rossal, Achness, Clibreck and Coire-na-fearn,
while “tofftys” are “tofts,”
and “Dovyr” and “Ardovyr” are
respectively old Gaelic for “water” and
for “upper water.” “Dovyr”
would denote the River Naver and loch of that name,
and “Ardovyr” would mean Loch Coire and
the Mallard River, that is the “Abhain ’a
Mhail Aird” of the Ordnance Map (whatever that
may mean), which rises in Loch Coire, and, after
a course of six miles from its upper valley, falls
about 330 feet below its source into the River Naver
at Dalharrold. These lands of the Lady Johanna
lay partly to the south of Loch Naver, extended southwards
nearly to Ben Armine, and stretched westwards to Loch
Vellich or Bealach and the Crask and Mudale, eastwards
to Loch Truderscaig, and northwards down the valley
of the Naver at least as far as Syre. Part of
them, close to Achness, is to this day known locally
as Kerrow-na-Shein, or Chen’s Quarter,
either after Johanna’s son-in-law, Sir Reginald
Chen II, or after her grandson of the same name, the
great “Morar na Shein,” about
whom so many legends still survive in Cat. These
lands in Strathnaver are roughly hatched on the map
of Cat in this volume, and, as she gave them away
in charitable trust, they probably formed only a small
part of her whole estate after her marriage with Freskin
de Moravia, which probably comprised the old Parish
of Farr, now divided into Tongue, Farr, and Reay.
It is suggested that the ownership
of these lands in Strathnaver and of the other upland
territories in Halkirk and Latheron parishes, held
by her descendants and sequels in all her estate, the
Chens, connects the Lady Johanna with the family of
Moddan “in dale” in Caithness and with
Earl Ottar, and with Frakark and Audhild her niece,
and that Johanna was entitled to these lands in their
entirety in her own right as the sole descendant remaining
in Scotland after 1232 of Harald Ungi’s younger
surviving sister Ragnhild, possibly through her son
Snaekoll by Gunni, and that Snaekoll was next heir
to these lands before he went abroad, and either that
he was Johanna’s father, or that she became
Ragnhild’s heir in his place. In this way
Johanna would have a good right, especially if Magnus,
son of Gilchrist, had been compensated for his mother’s
share by receiving a grant of South Caithness and
its earldom, to receive a grant of the rest of the
Harald Ungi half share of the Caithness earldom,
lands previously held by Jarls and Earls St. Magnus
and Erlend Thorfinn’s son or some lands of equal
value, and the reason why she had such very large estates
as those which she brought to her husband and the
Chen family as their successors would be made clear.
For she would have completed her title to a large
share of the Erlend lands, and also to the Moddan lands
which Gunni and Ragnhild had entered upon and held
after the elder sister of Ragnhild had left Caithness
on her marriage with Gilchrist Earl of Angus.
In support of Johanna’s title
it is to be observed that neither Magnus II, nor his
wife, is recorded to have claimed any part of the
Strathnaver lands, a fact which indicates that Johanna
and her predecessors had acquired an independent title
to them, and that, too, a title not derived through
Earl John. Again, (though in a time when records
fail us, the argument proves little) Johanna, although
from her probable date she might have been so, is
not recorded to have been a daughter of John.
Further, to be of suitable age to marry Freskin
she must have been born long after any known child
of Earl John, even his son Harald who had died in
1226. Lastly, neither Johanna nor her husband
Freskin nor any descendant of hers ever claimed either
the whole of or any share in the Orkney jarldom,
which Earls Harald Maddadson, David and John had held
in its entirety, and to which Johanna, had she been
Earl John’s only daughter, or her husband Freskin
would have been entitled to claim to succeed as sole
heir; while if John had had two daughters, and Johanna
had been one of them, she or her husband Freskin would
have been entitled to claim a grant of some share
at least of the lands appertaining to the Orkney jarldom.
It was, however, Earl Magnus who made
such claims, and with success, and he may well have
obtained the Orkney jarldom and lands, and part of
the Caithness earldom as well, with the title, not
only as being the son of the elder of Harald Ungi’s
sisters, but as the husband of Earl John’s nameless
daughter, while his name of Magnus, afterwards so
often repeated in the Angus line, came into that line
obviously through his mother at his baptism, and not
through his wife at his marriage.
The name of Johanna, on which Skene
mainly founds his assertion that Johanna of Strathnaver
was Earl John’s daughter, is just as easily
explicable, and with equal verisimilitude, if she was
not. Snaekoll went to Norway in 1232, leaving
behind him, on our hypothesis, one child, an infant
daughter of tender years, or possibly as yet unborn.
The child of a younger child of Ragnhild would probably
be still younger. Heiress to very large landed
estates and justly entitled to claim a moiety of the
Erlend Thorfinnson half of Caithness and all the Moddan
territories, this child would be made by the king of
Scotland a ward, to be married, if female, in due
course to a suitable husband. The Queen of Scotland,
who in 1232 had been childless for eleven years and
never had any children afterwards, was an English princess
who was married to Alexander II on 19th June 1221,
and lived till 4th March 1237-8, a period which would
cover all Johanna’s early years. The queen’s
name was Joanna, and Johanna of Strathnaver may have
been called after her, as Earl John had possibly been
called after her father King John of England, the
friend of Earl John’s father, Harold Maddadson.
We now have to fix the date of Freskin
de Moravia, nephew of William, dominus Sutherlandiae
since about 1214. Freskin, as stated, was undoubtedly
the husband of Johanna of Strathnaver, and became on
his marriage owner of her lands there as well as of
a moiety of the Caithness earldom lands.
Freskin was, as also stated, the eldest
son of Walter de Moravia of Duffus, second son of
Hugo Freskyn of Strabrock, Duffus and Sutherland by
Walter’s marriage with Euphamia, probably, from
her name, a daughter of Ferchar Mac-in-tagart, who
became Earl of Ross. As Ferchar granted certain
lands at Clon in Ross about the year 1224 to Freskin’s
father Walter de Moravia of Duffus without pecuniary
or other valuable consideration, it has been concluded,
probably correctly, that this grant was made on the
occasion of the marriage of Walter to Ferchar’s
daughter Euphamia; and Freskin, their heir, was born
in or after 1225, and had become dominus de
Duffus by 1248 on his father’s death. Johanna,
on our hypothesis, would have to be born by 1232 at
latest, that is, before or soon after her supposed
father Snaekoll went to Norway, and from her supposed
father’s date she could hardly have been born
before 1225. Snaekoll’s date can be ascertained
with comparative accuracy. For his mother lost
her first husband, Lifolf Baldpate, only in 1198,
at the battle of Clairdon, and she can hardly have
married Snaekoll’s father, Gunni, much before
1200. From these dates Snaekoll could have been
born by 1201, and married in Scotland between 1224
and 1231, and Freskin and Johanna would thus be of
very suitable ages to marry each other, and their marriage
therefore would take place after 1245, or possibly
as late as 1250. If Johanna was the daughter
of a younger child of Ragnhild, she might be born
later than 1225.
This would involve a long minority
for Johanna, and by reason of her marriage with Freskin
de Moravia in 1245 or later, we suspect that Freskin’s
uncle, William dominus Sutherlandiae, whose
territories were bounded on the north and east by
her lands, was her guardian, an office whose duties
the head of the powerful and loyal House of Sutherland
alone could efficiently perform in the troublous and
turbulent times of her minority.
From Bain’s Calendar of Documents
relating to Scotland we know that Freskin was
one of the signatories of the National Bond of mutual
alliance and friendship with Sir Llewelin son of Griffin,
Prince of Wales, and other leading Welshmen on the
18th of March 1259. Freskin would not have been
asked to sign a document of such international importance
unless, like another of its signatories, Sir Reginald
Chen I (whose son of the same name, Reginald Chen
II, married Freskin’s daughter, Mary of Duffus,
later on) he had been one of the leading men of his
time in Scotland. We also find that his rights
were saved in a charter of 11th April 1260 and that
on 13th October 1260 he was one of the three vice-gerents
of Alexander Comyn, Earl of Buchan, Justiciar of Scotland,
present in Court at Perth on that date.
On the 16th March 1262-3 from a grant
of two chaplains for the weal of the soul of the
deceased Freskin of Moray, Lord of Duffus, we know
that he had died before that date, that is, probably
before his fortieth year. Freskin, then, died
after 13th October 1260 and before 16th March 1262-3,
and was buried in the chapel of St. Lawrence in the
Church of Duffus, which he had founded and endowed
with lands at Dawey in Strath Spey, and Duffus.
His wife Johanna ("quondam sponsa”
“quondam Friskyni de Moravia) was certainly dead in May 1269.
They left no male heir, but they left
two daughters, Mary and Christian, both minors at
their father’s death and probably too young
to have been married in August 1263, when, as we shall
find, their lands and their half share of the Caithness
earldom sadly needed defenders from Norse invaders.
Owing to subsequent additions of territory,
it is impossible at the present time to say exactly
what all the lands owned by an independent title by
Lady Johanna of Strathnaver were, but some guidance
towards the further identification of her lands in
Caithness is found in the fact that later charters
give the names of the lands which her sequel in all
her estate, Reginald Chen III, known as “Lord
Schein” or “Morar na Shein”
held, and that he lived in and hunted from a castle
at the exit of the river Thurso from Loch More above
Dirlot or Dilred in Strathmore in Halkirk parish,
but never owned Brawl, a capital residence of the
Caithness earls, but did own to the end of his life
“half Caithness,” and acquired South Caithness
after 1340 by purchase. Adding to this the facts,
indications, and probabilities alluded to in this
and preceding chapters as to the position of lands
in Caithness variously owned, we are able to venture
to come to a general conclusion as to the devolution
of the Caithness earldom and lands.
This conclusion is, that what may
be termed the shares of the respective lines of Paul
and Erlend, the sons of Earl Thorfinn and others,
in the Caithness earldom lands probably went respectively
between 1231 and 1239 and afterwards in the following
manner.
The right to succeed to the share
of Paul passed, on his descendant Earl John’s
death in 1231, to Earl John’s only child then
alive, the nameless hostage daughter, who, according
to our theory, had after 1st August 1214 married Magnus,
son of Earl Gilchrist of Angus by his second marriage
with either Ingibiorg or Elin, both sisters of Harald
Ungi, and both older than Ragnhild. But the
title of Earl of Caithness and the enjoyment of the
whole earldom was on Earl John’s death temporarily
conferred, in addition to his title of Earl of Angus,
on Malcolm, Earl of Angus, and nephew of Magnus the
husband of John’s hostage daughter, as being
the head of the Angus family and one of the most powerful
earls in Scotland, pending a general settlement of
the affairs of Sutherland and Caithness; and Malcolm
held his own Earldom of Angus, and, in addition, for
the Crown, as Custos, trustee, or administrator
pendente lite, held Caithness after 22nd April
1231 and certainly at 7th October 1232, possibly till
3rd July 1236, when the following settlement was made.
Caithness, without Sutherland, was
with the title of Earl of Caithness, North and South,
confirmed to Earl Magnus II by two grants, the one
of North Caithness in right of his wife and the other
of South Caithness in right of his mother. The
estate of Sutherland was after 10th October 1237 erected
into an earldom in the person of William, who was
the eldest son of Hugo Freskyn, and was then owner
of the estate, this earldom being, as stated in the
Diploma of the Orkney Earls, “taken away from
Magnus II” in his lifetime, possibly out of
South Caithness, by Alexander II.
On Magnus’ death in 1239, Gillebryd
or Gillebride, called in the Icelandic Annals Gibbon,
who was either a son or younger brother of Magnus,
succeeded Magnus II in the Orkney and Caithness titles
and in the Paul share of the Caithness earldom, and
it appears from a grant of the advowson of Cortachy
on 12th December 1257 that Matilda daughter of Gillebert,
“then late Earl of Orkney,” married Malise
Earl of Stratherne. On Gillebride’s death
in 1256, his son Magnus III succeeded to Orkney and
to the share of Paul in the Caithness earldom, as
held by Earl Magnus II and Earl Gillebride his successor,
that is without the Sutherland earldom, and without
Freskin and Johanna’s share of Caithness.
The right to succeed to the other
share of Caithness, that of Erlend Thorfinnson, which,
according to The Flatey Book had belonged to
Jarl Ragnvald, and had been conferred on Harald Ungi
by William the Lion in 1197, passed through Ragnhild,
another and the youngest sister of Harald Ungi,
and then through a child of hers, possibly Snaekoll
Gunni’s son, the only known male representative
of this line at the time, or through Snaekoll’s
younger brother or sister, along with the Moddan estates
in Strathnaver and in various highland and Celtic
parishes in Caithness, to Johanna of Strathnaver as
Ragnhild’s heir; but this share did not carry
with it the title of Countess. It was held for
her in wardship, but it was not formally granted and
confirmed by the Crown to her or her husband Freskin
de Moravia, who had become Lord of Duffus by 1248,
until their marriage, in or after 1245, or even later,
and when the settlement was made, possibly South Caithness
was taken partly out of it.
If Earl John had left no daughter
at all, the result in Caithness might well have been
much the same; for in that case the Caithness title
and lands might well have been conferred as to the
title and a share of the earldom lands on the elder
surviving sister of Harald Ungi, Ingibiorg or
Elin, and her heir, while the other share without
the title would go to the heir of the younger sister
Ragnhild. But Magnus, if he had not married John’s
daughter, would not have got North Caithness, and
it seems essential that Magnus should have married
into the line of Earl John, in order to found a claim
on his part to the Jarldom of Orkney, which Harold
Maddadson, David, and John (with whom Magnus had no
relationship at all, so far as is known) had held
in its entirety, in spite of the grant of a moiety
of it to Harald Ungi, ever since Harald Ungi’s
death in 1198, and to the exclusion of the Erlend
line from all share in Orkney, (save for Harald Ungi’s
grant) ever since Jarl Ragnvald’s death in 1158.
But who will find evidence to prove
our conjectures to be even approximately true?
Till this is done, these matters rest
upon mere conjecture, based mainly upon known Scottish
policy, the name of “Magnus,” and the
probable situation of the lands owned by the parent
lines and the families known afterwards to have held
them, namely, the families of Cheyne, Federeth, Sutherland,
Keith, Oliphant, and Sinclair, among whose writs or
inventories of them search might be made.