General Notes

REFN: 8881AN
Malise (son of another Malise, Earl of Strathearn, who died by 1320, and h
is wife Agnes (died in or after 1311), through the latter of whom the s
on may have been heir to the Caithness Earldom), self-styled in 1334 Ea
rl of the Earldoms of Strathern (sic), Caithness and Orkney; b c1290; see
ms to have enjoyed revenues of a quarter of the Earldom of Caithness 133
1; m. 1st by 1320 Mary; m. 2nd by 1334 Maud, daughter of Hugh 4th Ea
rl of Ross, by Maud, sister of Robert I (The Bruce) King of Scots and ds
pm between 1344 and 1350, having been attainted 1332 and his honours forfe
ited. [Burke's Peerage]
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EARLDOM OF STRATHEARN [SCT] (VIII)
MALISE, EARL OF STRATHEARN [SCT], son and heir, by 1st wife, succeeded h
is father in that Earldom between 1323 and 1329 and succeeded his cousi
n, Magnus V, as EARL OF CAITHNESS AND ORKNEY [SCT], between 1320 and 132
9, though holding no more than a 4th part of Caithness. Apparently at so
me time between 24 September and 16 December 1332, he resigned the Earld
om of Strathearn "by staff and baton into the hands of Edward Baliol, by r
eason of a contract between said Malise and the lord John earl of Waren
ne our said lord the king's [David II] mortal enemy, in prejudice of the k
ing's majesty, renouncing all claim of law to said earldom for himself a
nd his heirs for ever." In the Parliament [SCT] that met at Scone, 7 Ju
ne 1344, the Earl, after trial by assize, was declared innocent of felo
ny and treason in so surrendering the Earldom, but the validity of his res
ignation thereof was confirmed, it being "deemed, and given for doom, th
at the said earldom should remain to our said lord the king, to be possess
ed at his will." His Earldoms of Caithness and Orkney were not affect
ed by the resignation or these proceedings and he continued to style himse
lf Earl of Strathearn, &c. He is said to have fought in the 4th line (wi
th the Earls of Ross and Sutherland who were there killed) at Halidon Hi
ll 19 July 1333.
He married, perhaps circa 1325-28, Marjory (or Mary), daughter of Hugh, EA
RL OF ROSS [SCT], by Maud, sister of ROBERT I, KING OF SCOTLAND, daught
er of Robert DE BRUS, jure uxoris EARL OF CARRICK [SCT]. He died sp.m. bet
ween June 1344 and Martinmas (11 November) 1357. Marjory was living in 135
0. [Complete Peerage XII/1:385-7, (transcribed by Dave Utzinger)]
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Note: There is a difference between CP & BP about the timing of Malise's m
arriage to Marjory & the existence of a 1st wife. The BP article agrees wi
th the CP article on Malise as Earl of Caithness, which is in CP II:476, w
hich is an earlier volume than XII/1, and was correct by volume XIV to agr
ee with the above information from XII/1; thus the BP information is proba
bly outdated as well. I believe that BP is a little early with its c1290 b
irth date (as is CP II:476); Malise's father was born c1275-80, which allo
ws only 10-15 years between generations; also according to his marriage da
te, 1299 is more appropriate.
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EARLDOM of CAITHNESS (XIII) 1328? to 1332
NORSE PREDECESSORS of the EARLS of ORKNEY - subject to King of Norway unt
il after 1379
Malise, 8th Earl of Strathearn, who had suc. his father, Malise, 7th Ear
l, as such between 1323 and 1329, as Earl of Orkney and Earl of Caithnes
s, of which he had no more than a quarter. The Earldom of Strathearn was d
eclared forfeited by King Edward Balliol in 1334, and conferred by him up
on John De Warrenne, 8th Earl of Surrey (1305 to 1347). Although after t
he recovery of the kingdom from the English the Earl was, after trial befo
re the High Steward as Lieutenant of the Kingdom, acquitted of high treaso
n, the Earldom of Strathearn was not restored to him, but was given (9 Fe
b. 1343/4) to Maurice Moray (the husband of his stepmother, the Countess J
oan) by King David II. On 28 May 1344 he granted the wardship and