In 1223, Earl John was again at Bergen, with Bishop Bjarni of Orkney and others, to consider the rival claims of King Hakon and Jarl Skuli to the Norse crown,[15] and in 1224 he went thither again to leave his only son, Harald, as a hostage for his own loyalty.[16] In 1226, Harald was drowned at sea, probably on his return voyage, thus leaving John without any male heir, and save for his nameless hostage daughter or her children, if any, without any direct lineal heirs for the jarldom and earldom of Orkney and of Caithness respectively.
In 1228 John sent presents to the Norse king, and received in return a good long-ship and many other gifts; and in 1230 John is found aiding Olaf, King of Man, a friend of the Norse king, by giving him a like vessel, "The Ox," to enable him to complete his voyage back from Norway to his own kingdom, and in the same year John rendered assistance to the Norse expedition, which had attacked the South Hebrides, by harbouring its ships in Orkney on their voyage back to Norway.[17]
From the above facts it is clear that Earl John, though he owed allegiance to both kings, was more inclined to favour Norway than Scotland, and that he was more constantly in attendance at the Norse, than at the Scottish Court. At the same time it became more and more likely that he would have to choose between his two masters, as war for the Sudreyar or Hebrides was already certain to break out between the two countries, and, save for civil war in Norway, would have broken out at once.
Snaekoll[18] Gunni's son, as the sole male representative of the Erlend Thorfinnson, St. Magnus, St. Ragnvald, Eric Stagbrellir and Harald Ungi line remaining in Scotland, who had probably about this time succeeded, or at least was recognised as next heir to the Moddan family estates in Strathnaver and Caithness, approached Earl John in 1231, and demanded from him Jarl Ragnvald's lands in Orkney. But the earl, who held Orkney in its entirety as the representative of the line of Paul and of Harold Maddadson, who had seized it when Jarl St. Ragnvald died in 1158, refused to give Snaekoll any part of those lands; and Snaekoll, failing to obtain any redress, sought the aid of Hanef, formerly a page, but now Commissioner in Orkney, of the Norse King, and demanded his help in recovering his lands there. Snaekoll and Hanef with a large following accordingly crossed the Pentland Firth to Thurso to enforce the claim, but the earl again angrily refused to restore the lands in Orkney, and it would seem that he was also unwilling to let Snaekoll have his rights in Caithness.[19]
Each party occupied separate lodgings in Thurso with their separate followings, and Hanef and his friends, warned by a messenger of the earl's reported design of killing them, forestalled it by attacking the earl first, and they slew him with nine wounds in the cellar of his lodgings. After the affray they crossed over to Orkney, where they fortified the small but massive castle[20] or tower of Kolbein Hruga or Cobbie Row, in the Island of Vigr or Wyre, now called Veira, near Rousay in Orkney, and provisioned it for a siege, which lasted the whole winter, and was raised only after both sides had come to an agreement that all questions arising out of the earl's death at Thurso, should be referred, not to the Scottish courts, but to the Norse king, Hakon, in Bergen.
Both parties, with their witnesses, accordingly crossed the North Sea in 1232, and Hakon heard the case, and punished the partisans of Snaekoll, some with death and others with imprisonment. Snaekoll himself, who, as the heir of Jarl Ragnvald, was too valuable a pawn to be sacrificed, was retained, and lived long in Norway with Earl Skuli, and afterwards with King Hakon.[21] It is noteworthy that a gaedinga ship (no Jewish Ship,[22] as Torfaeus states, but a ship of the gaedingar or lendirmen of the Earl of Orkney) was, on the return voyage, lost at sea; and, bearing in mind the large number of Orkney notables who had been slain at the battle of Floruvagr in Norway in 1194, men of means and standing must have been scarce in Orkney for long after this time.
There is a tradition mentioned by Alexander Pope of Reay,[23] the translator of the Orcades of Torfaeus, that Snaekoll, being deprived of his rights in Orkney by King Hakon, returned late in life to Caithness, where the Norse King could not deprive him of anything, and lived in that county at Ulbster. If so, why did he return?
The answer brings us to a mysterious lady, who is known to us through a charter[24] of May 1269 preserved in the Registrum Episcopatus Moraviensis or Chartulary of the Bishopric of Moray, and who is called therein nobilis mulier domina Johanna, the then deceased wife of Freskin de Moravia, Lord of Duffus, who had died before her. From her name of Johanna this lady is stated to have been a daughter of Earl John, amongst others by so eminent an authority as the late Mr. William F. Skene in a paper "on the Earldom of Caithness," first read to the Society of Antiquaries of Scotland on the 11th March 1878, which is reprinted as Appendix V to the Third Volume of his Celtic Scotland at pages 448 to 453, and the lady is generally known as Lady Johanna de Strathnavir; and on her descent much subsequent history depends.
Skene's conclusion is that the half of Caithness which afterwards belonged to the Angus earls was that half usually possessed by the line of Erlend Thorfinnson, and that Joanna (or Johanna) was Earl John's daughter, and, as such, inherited the Paul share of the earldom and brought it to Freskin de Moravia, when he married her, without the title.
We doubt the accuracy of this conclusion, for reasons which, however, rest not on direct evidence, but, like those given in Mr. Skene's paper, on mere probabilities; and we hold that the converse is true, and that Johanna was no daughter of John, and that it was the Erlend half of the Caithness earldom lands that went to her and her husband Freskin de Moravia of Duffus, while the moiety of Paul, in our opinion, remained with a nameless daughter of John, and went along with the title of Earl of Caithness, to her husband Magnus, and so to the Angus earls of Caithness, though the lands which went with it were then much curtailed in extent.