VII. The Earldom in the Line of St. Clair—1379-1469.
The genealogical questions connected with the succession of the St. Clairs of Roslin to the earldom of Orkney are involved in apparently inextricable confusion.
So early as 1321 we find a Henry St. Clair acting as the “ballivus” of King Robert Bruce in Caithness,[[85]] and in 1364 we also find a Thomas St. Clair installed at Kirkwall as the “ballivus” of the King of Norway, an Alexander St. Clair, and a Euphemia de Stratherne, styling herself one of the heirs of the late Malise, Earl of Stratherne.[[86]]
The Diploma states explicitly that one of the four daughters of Malise, Earl of Stratherne,[[87]] by his wife Marjory, daughter of Hugh, Earl of Ross, was married to William St. Clair. This must be William St. Clair, son of the Sir William St. Clair who fell with the Douglas in Spain fighting against the Saracens in 1330.[[88]] The Diploma goes on to narrate that Henry St. Clair, the son of William St. Clair and this daughter of Malise, succeeded to the earldom of Orkney apparently in right of his mother. We know from the deed of investiture that his accession to the earldom took place in 1379.
In a charter of 1391 Earl Henry names his mother Isabella St. Clair. It is usually said that his father, William St. Clair, married Isabella, daughter of Malise, Earl of Stratherne. But, as we have seen from the deed of 1334, Isabella was married to William, Earl of Ross, not to William, Earl of Roslin. Yet it appears from the deed of 1391 that Henry’s mother’s name was Isabella, and though he does not style her a daughter of Malise, the terms of the document imply that she was heiress to lands in Orkney and Shetland. The Diploma only mentions one of the Earls Malise, and it may be that the Isabella whom William St. Clair married was the daughter of the elder and sister of the younger Malise of Stratherne.
If he had married one of the four daughters of the younger Malise it seems unaccountable why he did not claim his wife’s portion of the earldom. We find that the representatives of the other sisters were claimants, and that one of them, Erngisl Suneson, actually received his wife’s share, and enjoyed the title of Earl of Orkney, while Alexander de Ard is said to have succeeded to the earldom of Caithness in virtue of a similar claim, and had his rights to the earldom of Orkney so far recognised by the King of Norway on the forfeiture of Erngisl Suneson. The Earl of Ross, as we have seen, also succeeded to the share falling to his wife Isabella. But no claim seems to have been made for the Isabella who is said to have been married to William St. Clair. If she had been a daughter of the younger Malise it can scarcely be doubted that such a claim would have been made, and if made, established as readily as that of the other sisters. William St. Clair was alive in 1358, five years after the claim of the sister married to Erngisl Suneson had been made good, and one year after Erngisl’s title to the earldom had been declared forfeited.
But a more fatal objection to the statement of the Diploma, that William’s wife was a daughter of the younger Malise, arises from the fact that in the attestation by the Lawman and Canons of Orkney in favour of James of Cragy (1422) it is expressly certified that Henry Sinclair was himself married to a daughter of the younger Malise, styled “Elizabeth de Stratherne, daughter of the late reverend and venerable Malise, Earl of Orkney,” and that by her he had a daughter, Margaret, who was married to James of Cragy. The Diploma, on the other hand, states that Henry was married to Janet Haliburton, daughter of Walter Haliburton of Dirleton, and by her had a son Henry, who succeeded him. It is quite possible, however, that both these statements might be true, the attestation in favour of James of Cragy having no reason to mention the second wife, and the Diploma having no special reason to mention the first wife in connection with the succession which it derives through the mother, making her, moreover, such a remarkable instance of longevity that she survived her husband, her son, and all her younger sisters, and all their sons and daughters, and became sole heiress to the earldom after Earl Henry’s death, although he left a son who ought to have succeeded him, but who, according to the Diploma, succeeded to her, his grandmother.
In whatever way these apparently contradictory statements are to be reconciled, the statement of the Diploma that Henry St. Clair was the first of the line who enjoyed the title of Earl of Orkney is undoubtedly borne out by the records. In the summer of 1379 he passed over to Norway and received formal investiture from King Hakon of the earldom of Orkney and also of the lordship of Shetland,[[89]] which, since the time of its forfeiture to King Sverrir by Earl Harald Maddadson, had been in the possession of the crown of Norway. The conditions on which he accepted the earldom are set forth at length in the deed of investiture, and contrasting them with the semi-independence of the ancient earls a recent writer has remarked that they left him little more than the lands of his fathers.[[90]] Although the Earls of Orkney had precedence of all the titled nobility of Norway, and their signatures to the national documents stand always after the Archbishops, and before the Bishops and nobles, though the title was the only hereditary one permitted in Norway to a subject not of the blood royal, yet it was now declared to be subject to the royal option of investiture. The earl was to govern the Islands and enjoy their revenues during the king’s pleasure, but he was taken bound to serve the king beyond the bounds of the earldom, with a hundred men fully equipped, when called on by the king’s message; he was to build no castle or place of strength in the Islands, make no war, enter into no agreement with the bishop, nor sell or impignorate any of his rights, without the king’s express consent; and moreover he was to be answerable for his whole administration to the king’s court at Bergen. At his death the earldom and all the Islands were to revert to the King of Norway or his heirs, and if the earl left sons they could not succeed to their father’s dignity and possessions without the royal investiture. At the following Martinmas he was taken bound to pay to the king 1000 English nobles.[[91]] It was part of the compact also that Malise Sperra, son of Guthorm Sperra, should depart from all his claims to the earldom in right of his mother;[[92]] and he left with King Hakon, as hostages for the due fulfilment of his share of the contract, the following from among his friends and followers:— William Daniel, knight, Malise Sperra, and David Crichton.
But King Hakon died in the year after Earl Henry’s investiture, and the events that took place in the Orkneys during the reign of King Olaf, his successor, are entirely unknown to the Norwegian chroniclers. Earl Henry seems neither to have courted the favour of his suzerain nor to have stood in awe of his interference. He built the castle of Kirkwall in defiance of the prohibition contained in the deed of his investiture, and seems to have felt himself sufficiently independent to rule his sea-girt earldom according to his own will and pleasure.
The fact that King Hakon’s investiture of Earl Henry took him bound not to enter into any league with the bishop nor to establish any friendship with him without the king’s express consent, shows us that the bishop was then acting in opposition to the king and the representatives of the civil power. The likelihood is that Earl Henry found this opposition of the bishop favourable to his own design of making himself practically independent, and represented it as the excuse for the erection of the castle of Kirkwall, contrary to the terms of his agreement with the crown. Munch attributes the discord to the growing dislike of the Norwegian inhabitants of the Islands to Scotsmen, whose numbers had been long increasing through the influence of the Scottish family connections of the later earls. Whatever may have been its origin, the end of it was that in some popular commotion, of which we have no authentic account, the bishop was slain in the year 1382.[[93]]
Malise Sperra appears to have endeavoured to establish himself in Shetland[[94]] in opposition to Earl Henry. He had seized, it is not stated upon what grounds, the possessions in Shetland which had belonged to Herdis Thorvaldsdatter, and of which Jón Hafthorson and Sigurd Hafthorson were the lawful heirs. It seems as if a court had been about to be held by the earl to settle the legal rights of the parties concerned. The court would be held at the old Thingstead, near Scalloway, but a conflict took place, the dispute was terminated by the strong hand, and Malise Sperra was slain.[[95]] As a number of his men were slain with him, it seems probable that he had been the aggressor. As both he and the earl are among those who were present at the assembly of nobles at Helsingborg, on the accession of King Eirik of Pomern in September 1389, and the Iceland Annals place the death of Malise Sperra in this same year, it is probable that the earl landed in Shetland on his way home from Norway for the express purpose of seeing justice done in the cause of the heirs of Thordis. In 1391, by a deed executed at Kirkwall (and subsequently confirmed by King Robert III.), he dispones the lands of Newburgh and Auchdale in Aberdeenshire,[[96]] to his brother David for his services rendered, and in exchange for any rights he may have to lands in Orkney and Shetland, derived from his mother Isabella St. Clair. In 1396 a deed was executed at Roslin by John de Drummond of Cargyll, and Elizabeth, his wife, in favour of Henry, Earl of Orkney, Lord Roslyn, “patri nostro,” by which they renounce in favour of the earl’s male issue, and for them and their heirs, all claims to the earl’s lands “infra regnum Norvagie.”[[97]]
The Diploma states that after the death of the first Henry St. Clair, his mother, the daughter of Malise,[[98]] came to Orkney, and, outliving all her sisters and all their sons and daughters, became the only heiress of the earldom. It is added that of this thing there were faithful witnesses still living who had seen and spoken with the mother of Henry the first.
Her grandson Henry, son of the first Henry, succeeded to the earldom, but there seems to be no record of his investiture by the Norwegian king. In 1404 he was entrusted with the guardianship of James I., and on his way to France with the young prince, for whose safety it was judged necessary that he should be removed from Scotland, he was captured by the English off Flamborough Head, and retained some time in captivity.[[99]] In 1412 he went to France with Archibald Douglas to assist the French against the English.[[100]] In 1418 John St. Clair, his brother, swears fealty to King Eirik at Helsingborg for the king’s land of Hjaltland, and becomes bound to administer the Norse laws according to the ancient usage, and it is stipulated that at his death Shetland should again revert to the crown of Norway.[[101]] It seems from this that Earl Henry must have been dead in 1418, though Bower in his continuation of Fordun says that he died in 1420.[[102]] A dispensation was granted for his widow’s marriage in 1418.[[103]]
Henry was succeeded by his son William, the last of the Orkney earls under Norwegian rule. But the investiture of the new earl did not take place till 1434, and for a period of fourteen years the administration of the Islands was carried on by commissioners appointed by King Eirik.
On the death of Earl Henry, Bishop Thomas Tulloch was appointed commissioner in 1420. He swore fealty to King Eirik in the church of Vestenskov in Laland, undertaking the administration of the Islands according to the Norsk law-book and the ancient usages.[[104]] On 10th July 1422 he received as a fief from the king “the palace of Kirkwall and pertinents, lying in Orkney, in Norway, together with the lands of Orkney and the government thereof.”[[105]]
In 1423 the administration of the Orkneys and Shetland was committed to David Menzies of Wemyss by King Eirik. In 1426 a complaint was sent to the king by the inhabitants, setting forth that they had been subjected to oppression and wholesale spoliation during the period of his administration.[[106]] Among the accusations preferred against him it was asserted that he diminished the value of the money by one-half, that he threw the Lawman of the Islands into prison unjustly, and illegally possessed himself of the public seal and the law-book of the Islands, which the Lawman’s wife had deposited on the altar of the Church of St. Magnus for their security; that he exacted fines and services illegally and with personal violence, and was guilty of many other illegal acts of tyrannical oppression.
The government of the Islands seems to have been again entrusted to Bishop Tulloch[[107]] until 1434, when the young earl received his formal investiture.[[108]]
William, the last of the Orkney earls under Norwegian rule, succeeded to his father Henry, and received investiture on terms nearly similar to those imposed upon his grandfather. Moreover, he was to hold for the king and his successors the castle of Kirkwall, which his grandfather had built without the king’s consent. He had taken the title before he received investiture from King Eirik, for in 1426 he appears as Earl of Orkney on the assize at Stirling, for the trial of Murdoch, Duke of Albany.[[109]] In 1435, as Lord High Admiral of Scotland, he had command of the fleet that conveyed the Princess Margaret to France. In 1446 he was summoned by the Norwegian Rigsraad to appear at Bergen on next St. John’s Day,[[110]] to take the oath of allegiance to King Christopher, the successor of Eirik of Pomern. In 1460 the king’s commissioners in Kirkwall certify to King Christian I. that John of Ross, Lord of the Isles, has for a long time most cruelly endeavoured to depopulate the Islands of Orkney and Shetland by burning the dwellings and slaying the inhabitants, and that in these circumstances Lord William St. Clair, the Earl of Orkney and Caithness,[[111]] had been prevented from coming to the king.[[112]] On 28th June 1461 Bishop William of Orkney writes to the king from Kirkwall excusing the earl for not having come to take the oath of allegiance, because in the month of June of that year he had been appointed one of the regents of the Kingdom of Scotland on account of the tender years of the prince (King James III.), and therefore was personally resident in Scotland. The bishop also repeats the complaint against John of Ross, Lord of the Isles, and the bands of his Islesmen, Irish, and Scots from the woods, “who came in great multitudes in the month of June, with their ships and fleets in battle array, wasting the lands, plundering the farms, destroying habitations, and putting the inhabitants to the sword, without regard to age or sex.”[[113]] Tradition still points in several parts of the Islands to “the Lewismen’s graves,” probably those of the invaders who were killed in their plundering expeditions through the Islands.
On the 8th September 1468 a contract of marriage was signed between James III. of Scotland and Margaret, daughter of King Christian I. of Denmark, Sweden, and Norway, by which, after discharging the arrears of the tribute due by Scotland for Man and the Hebrides,[[114]] King Christian engaged to pay a dowry of 60,000 florins with his daughter, stipulating for certain jointure lands (including the palace of Linlithgow and the castle of Doune), and her terce of the royal possessions in Scotland if left a widow. Of the dowry 10,000 florins were to be paid before the princess’s departure, and the Islands of Orkney were pledged for the balance of 50,000 florins. Only 2000 florins of the 10,000 promised were paid, and the Islands of Shetland were pledged for the remainder. The amount for which the whole of the Islands of Orkney and Shetland were thus impignorated was 58,000 florins of 100 pence each, or about £24,000.
In 1471 King James III. gave William, Earl of Orkney, the castle and lands of Ravenscraig in Fife in exchange for all his rights to the earldom of Orkney, and an Act of Parliament was passed on the 20th of February of the same year annexing to the Scottish Crown “the Erledome of Orkney and Lordship of Schetland, nocht to be gevin away in time to cum to na persain or persainis, excep alenarily to ane of the king’s sonnis of lauchful bed.”