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;[51] 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 Genealogie 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[52] 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.
CHAPTER VIII.
Earls David and John.
On the death of Earl Harold Maddadson in 1206, he was followed in the earldom of Orkney, without Shetland, by his elder surviving son, David, who also, it would seem, was allowed to succeed to the Caithness earldom and some of its territory. But out of the Caithness earldom there had been taken the lands forming the Lordship of Sudrland or Sutherland held by Hugo Freskyn from about 1196, and this comprised, as already stated, the parishes of Creich, (then including Assynt), Dornoch, Rogart, Kilmalie (now Golspie), Clyne, Loth, and by far the greater part of the parishes of Kildonan and Lairg. Out of these lands Hugo granted, as already stated, to his relative Gilbert de Moravia, Archdeacon of Moray from 1204 till 1222, and to his heirs and assigns whomsoever, all Creich and much of Dornoch parish up to the boundaries of Ross, and the date of this grant was probably about 1211. The Mackays were beginning to occupy the western parts of Strathnavern, their title being probably their swords, and they held their lands "manu forti," their country being a refuge for their Morayshire kinsmen, the MacHeths, who were in constant rebellion. The eastern portion of Strathnavern, and particularly the neighbourhood of Loch Coire and Loch Naver, and all the Strathnaver valley were probably insecurely held by members of the Erlend and Moddan family after Harald Ungi's death at the battle of Clairdon in 1198; and Gunni, probably a grandson of Sweyn Asleifarson, who had married Ragnhild, Harald Ungi's youngest sister, after the death in the same battle of Lifolf Baldpate, her first husband, became chief of the Moddan Clan there and in Caithness. After 1200 Ragnhild had by Gunni a son called Snaekoll Gunni's son, who thus became, on his father's death, the chief representative in Scotland, both of the Moddan family and of the line of Jarls Erlend Thorfinnson, St. Magnus, and St. Ragnvald, and of Eric Stagbrellir and of Earl and Jarl Harald Ungi; and Snaekoll afterwards laid claim to their possessions in Orkney, as the sole male representative of this line. Gunni and Ragnhild must have held the Strathnaver lands, and the Moddan family lands in Caithness, formerly Earl Ottar's estates, till their deaths, and Snaekoll was their sole known male heir. The Harald Ungi share of the Caithness earldom lands, which The Flatey Book and Torfaeus state that Jarl Ragnvald had held, does not appear to have been granted to David, or to any successor to the Caithness earldom of his line, or to any other person at this time. Indeed, the line of Paul were the last persons to whom such a grant would be made.
It was, therefore, to a very much reduced territory and earldom that David succeeded in 1206, as Earl of Caithness. We hear almost nothing of him, save that for the latter part of the eight years of his rule,[1] more or less inefficient probably through ill health, he shared the earldom and what had been left to him of its lands with his younger brother John. David died without issue in 1214[2] probably soon after Hugo Freskyn, and David was succeeded by his brother John in the jarldom of Orkney and in the reduced earldom of Caithness as sole jarl and earl.
Immediately after David's death, King William the Lion, who had, in 1211, suppressed a rebellion in Moray of the Thanes of Ross under Guthred son of Donald Ban MacWilliam whom a few years later he captured and beheaded,[3] came to Moray again; and, about the 1st of August 1214, King William demanded, and received[4] Earl John's daughter, whose name is not known, as a hostage for her father's loyalty, and a guarantee of the peace then made, under which John was probably recognised as earl and as entitled to his reduced territory. His daughter may, at this time, have been her father's sole heiress, although she did not remain so, because we find that he had a son who lived till 1226, called Harald. Meantime Bishop Adam, after the death in 1213 of Bishop John, his half-blinded and mutilated predecessor, succeeded to the Episcopal See of Caithness,[5] and seems to have reversed Bishop John's policy of leniency to his flock by exacting from them heavier and heavier tithes, as years went by.
In 1217, King Hakon's rival, Jarl Skuli, thought Earl John so promising a traitor as to send him letters forged with the Norse king's seal.[6] In 1218 John was present at Bergen to witness the ordeal successfully undergone by King Hakon's mother in order to prove that king, then a boy, to be her son by the late King Hakon Sverri's son, and so rightly entitled to the Norwegian crown.[7]
After Earl John's return from Norway, the bishop's exactions of tithes of butter reached such a pitch that the Caithness folk met near his house at Halkirk, and demanded that the earl should protect them against the bishop's rapacity, and, either at the earl's suggestion or without any opposition on his part, they attacked the bishop in his house, which was close to Breithivellir (now Brawl) Castle, where John lived. The Saga gives the following description of this affair:—[8]