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.