While Malise was in Norway and Sweden two of his daughters had been married to Swedish noblemen—one to Arngils[79] or Erngisl, son of Sune Jonsson, and another to Guttorm Sperra.[80] On the death of Malise, or shortly thereafter, Erngisl Suneson claimed his wife’s share of the earldom. In the year 1353 we find him executing a deed on the 10th April as plain Erngisl Suneson, and on the 6th May thereafter his signature appears to a document drawn up at Vagahuus concerning the queen’s dowry, occupying the foremost place among the nobles of Norway, and with the title of Earl of Orkney.[81] Although the Diploma states that he held only his wife’s share of the earldom, it is plain from this document that he must have received the title of Earl of the Orkneys from the King of Norway. He soon became involved with the Swedish party in favour of King Eirik of Pomern, and in 1357 King Magnus sequestrated his estates in Norway, and declared his title forfeited. His right to the earldom would have lapsed with the death of his wife, who died childless before 1360.[82] Nevertheless he continued to style himself Earl of Orkney during his lifetime.[83] He died in 1392.
On the sequestration of Erngisl’s rights by the king, a certain Duncan Anderson, who appears to have been a Scotchman, and probably agent for Alexander de Ard, the son of Matilda, called the eldest daughter of Malise, issued a manifesto, notifying to the inhabitants of Orkney that he has the true and legitimate heir of Earl Malise, the former Earl of Orkney, under his guardianship; that this heir has now the full and undeniable right to the earldom; and that, as he has heard that the King of Norway has recently sequestrated the revenues of the earldom, he warns the inhabitants not to allow these revenues to be taken furth of the land till the true heir be presented to them, which will be ere very long, if the Lord will. The inhabitants, who seem to have been somewhat disquieted by the missive, sent a representation on the subject to the court of Norway. It would seem that a representation must have been made by the court of Norway to the Scottish King regarding the troubling of the islands by the claimants or their friends in Scotland, for an edict was issued by King David from Scone, in 1367, forbidding any of his subjects, of whatever rank or condition, to pass into Orkney, or frequent its harbours, on any other errand than that of lawful commerce.