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,[6] 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,"[7] 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[8] uncle Magnus, son of Gillebride,[9] 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, 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.
"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[11] his fourth to Sir Reginald Cheyne,[12] 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[13] 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[14] 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,[15] 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."