The Diploma states that after the death of the first Henry St. Clair, his mother, the daughter of Malise,[98] came to Orkney, and, outliving all her sisters and all their sons and daughters, became the only heiress of the earldom. It is added that of this thing there were faithful witnesses still living who had seen and spoken with the mother of Henry the first.
Her grandson Henry, son of the first Henry, succeeded to the earldom, but there seems to be no record of his investiture by the Norwegian king. In 1404 he was entrusted with the guardianship of James I., and on his way to France with the young prince, for whose safety it was judged necessary that he should be removed from Scotland, he was captured by the English off Flamborough Head, and retained some time in captivity.[99] In 1412 he went to France with Archibald Douglas to assist the French against the English.[100] In 1418 John St. Clair, his brother, swears fealty to King Eirik at Helsingborg for the king’s land of Hjaltland, and becomes bound to administer the Norse laws according to the ancient usage, and it is stipulated that at his death Shetland should again revert to the crown of Norway.[101] It seems from this that Earl Henry must have been dead in 1418, though Bower in his continuation of Fordun says that he died in 1420.[102] A dispensation was granted for his widow’s marriage in 1418.[103]
Henry was succeeded by his son William, the last of the Orkney earls under Norwegian rule. But the investiture of the new earl did not take place till 1434, and for a period of fourteen years the administration of the Islands was carried on by commissioners appointed by King Eirik.
On the death of Earl Henry, Bishop Thomas Tulloch was appointed commissioner in 1420. He swore fealty to King Eirik in the church of Vestenskov in Laland, undertaking the administration of the Islands according to the Norsk law-book and the ancient usages.[104] On 10th July 1422 he received as a fief from the king “the palace of Kirkwall and pertinents, lying in Orkney, in Norway, together with the lands of Orkney and the government thereof.”[105]
In 1423 the administration of the Orkneys and Shetland was committed to David Menzies of Wemyss by King Eirik. In 1426 a complaint was sent to the king by the inhabitants, setting forth that they had been subjected to oppression and wholesale spoliation during the period of his administration.[106] Among the accusations preferred against him it was asserted that he diminished the value of the money by one-half, that he threw the Lawman of the Islands into prison unjustly, and illegally possessed himself of the public seal and the law-book of the Islands, which the Lawman’s wife had deposited on the altar of the Church of St. Magnus for their security; that he exacted fines and services illegally and with personal violence, and was guilty of many other illegal acts of tyrannical oppression.