Chapter IX

The Succession to the Caithness Earldom.

This chapter, therefore, is largely conjectural, and must be accepted as such. It deserves, and will doubtless receive, severe criticism.

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.

One further charter has to be dealt with. In Reg. Hon. de Morton, vol. I, p. xxxv, cited in Origines Parochiales vol. II, p. 805, 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 (p. lxxiii) states positively, without quoting his authority, that Magnus had for a payment of £10 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 (given in Appendix V, vol. iii, pp. 449-50 of his Celtic Scotland), 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.

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, p. 764.

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.

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.

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.

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.

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.

[Transcriber's note: the marker for footnote 10 of the chapter is missing in the original.]