High position of women—Married women’s property—Marriage a civil compact—The suitor—Qualities looked for in a suitor—The bride’s dower—Runaway marriages—The marriage settlement—The givers away of the bride—The betrothal—Breaking a betrothal—Length of a betrothal—The wedding—The trousseau—Illegality of marriages without betrothal—Guardians of unmarried sisters—Marriage against the will of the parents—Age of majority—Widows—Marriage on insufficient means—Laws relating to marriage—The wedding feast—Valuation of property—Laws on kissing—Women’s rights.

It is particularly striking, in reading the Sagas and the ancient laws which corroborate them, to see the high position women occupied in earlier and later pagan times.

If we are to judge of the civilisation of a people in their daily life by the position women held with regard to men, we must conclude that in this respect the earlier Norse tribes could compare favourably with the most ancient civilised nations whose history has come down to us.

A maiden was highly respected, and on becoming a wife she was greatly honoured, and her counsels had great weight; by marrying she became the companion and not the inferior of her husband. She held property in her own right, whatever she received by inheritance and by marriage being her own; though there were restrictions put upon her, as well as upon her husband, in regard to the use of her property.

In a word, a retrograde movement in regard to the rights and standing of women took place after the extinction of the Asa creed. The high position they had occupied before was lost, and it is only latterly that they have striven, and in some countries with success, to regain the authority that once belonged to them in regard to property and other matters.

From the earliest time we see the chivalrous regard that men had for women, and the punishment that any breach of its laws involved. Young men went into warlike expeditions to attain great fame, so that their acts of bravery could be known or extolled, and that they might become worthy of the maiden they wished to woo. The same spirit afterwards spread from the North to other countries in Europe, where, however, the opinion only of women of higher rank was valued. Among the earlier tribes of the North all were respected.

Marriage was not a religious contract or ceremony. It was simply regarded as a civil compact, owing to the relations which man and wife held towards each other in regard to property. It was the means of joining families together, which was called tengja saman,^[1] and therefore the relation was called tengdir. Consequently marriage itself was a bargain and on that account was called brud-kaup (bride-buying).

When a man had selected for himself, or by the advice of his parents, a woman or maiden whom he wanted to marry, he, accompanied by his father, or nearest relatives or best friends, and by a retinue, according to his rank, went to get the consent of the father, or of those who were the guardians of the woman. It was the exception for the suitor himself not to go on this journey, which was called bonordsfÖr (suit journey).^[2]

“Njal once said to his son Helgi, ‘I have thought of a match for thee, kinsman, if thou wilt follow my advice.’ ‘Certainly I will,’ he said, ‘for I know both that thou meanest it well and knowest well how to act; but what is it?’ ‘We will ask in marriage the daughter of Asgrim Ellidagrimsson, for she is the best match.’ Shortly afterwards they rode out across the ThjÓrsÁ (a river), until they came to Tunga. Asgrim was at home, and received them well, and they stayed there over night. The next day they proceeded to talk the matter over. Njal opened the subject, and asked for the hand of Thorhalla for his son Helgi. Asgrim received this well, and said that with no men was he more desirous to bargain than with them. They then talked about the matter, and at last Asgrim betrothed his daughter to Helgi, and the wedding feast was agreed upon” (Njala, c. 26, 27).

The suitor, even if present, had a spokesman who spoke on his behalf, and enumerated his good qualities, deeds of valour, &c., and other qualifications which might speak well for the suit. If the suit was favourably received, a talk ensued in regard to the conditions of the marriage.

Rut, a chief, went with his brother HÖskuld to the Althing, and was told by him that he would like him to marry Unn, the daughter of MÖrd Gigja. They went to his booth at the place of the Althing, and after awhile HÖskuld said:—

“‘I should like to make a bargain with thee; Rut wants to buy thy daughter, and become thy son-in-law, and I shall not spare my property.’ MÖrd answered: ‘I know thou art a great chief, but thy brother is unknown to me.’ HÖskuld said: ‘He is a greater chief than I.’ MÖrd added: ‘Thou must furnish him well, for she is the owner of all my inheritance.’ ‘Thou needest not wait long for what I shall fix upon,’ replied HÖskuld; ‘he shall have Kambsnes and Rutstadir and the land as far as Thrandargil; he also has a trading ship on voyages abroad.’ Rut then said to MÖrd: ‘You may think, bondi, that my brother has spoken so highly of me because he loves me, but if you will take the matter into consideration I want you to state your conditions.’ MÖrd answered: ‘I have thought of the conditions. She shall have 60 hundreds, and it shall be increased with one-third from thy farm, but if you have an heir each of you shall have the half.’ Rut said: ‘These conditions I accept; and now let us have witnesses’” (Njala, c. 2).^[3]

The qualities which the parents or guardians took most into consideration were good birth, powerful and prominent relatives. Families on both sides had to be well matched in rank, wealth, and personal bravery, the last being highly prized by the one whose hand was sought.

“The kings (IngibjÖrg’s brothers) went to a feast at Framnes^[4] with FridthjÓf, and, as usual, he treated them all better than they were accustomed to be treated. IngibjÖrg was there, and often spoke with FridthjÓf; she said to him: ‘Thou hast a good gold ring.’ ‘That is true,’ said FridthjÓf. Then the kings went home, and their envy against FridthjÓf increased. A little after FridthjÓf became very sad; BjÖrn, his foster-brother, asked why he was so; he said he had it in mind to ask IngibjÖrg in marriage; ‘though I have lower rank than her brothers, I am as good a man as they.’ BjÖrn said: ‘Let us do it.’ The kings sat on their father’s mound, and FridthjÓf saluted them; afterwards he asked their sister IngibjÖrg, Beli’s daughter, in marriage. The kings said: ‘It is very unwise to ask us to give her in marriage to a man of no rank, and we refuse it.’ FridthjÓf said: ‘Then my errand is ended. I will never hereafter give you any help though you may need it” (FridthjÓf’s Saga, c. 2).

“And BjÖrn was king over Firdafylki. His jarl was HrÓald, and Thorir was his son. Atli the Thin was then jarl at Gaular. His children were Hallstein, HÓlmstein, Herstein, and Solveig the fair. One autumn many people were at Gaular at an autumn sacrifice. Then Ölvir HnÚfa saw Solveig, and liked her well. He asked her in marriage, but the jarl thought there was inequality of rank and would not consent to the marriage. Thereupon Ölvir made many songs of love. He loved Solveig so much that he left off Viking expeditions” (Egil’s Saga, c. 2).

“Grimkel, a godi, said: ‘I am told for certain, Valbrand, that thou hast a daughter called Signy, who is very accomplished; I want to ask her in marriage, if thou wilt marry her to me.’ Valbrand answered: ‘It is known to us that thou art of good kin and art wealthy, and a great champion; I will give a favourable answer to this’” (HÖrd’s Saga, c. 3).

“I (Harald Fairhair) have thought of a match for thee; it was in my mind when thou didst endanger thy life for mine. Vigdis, the daughter of Thorir jarl the Silent, is a most handsome woman, and has much property; I will marry her to thee. Ingimund thanked him and consented” (VatnsdÆla Saga, c. 12).

In order that marriage should be regarded as perfectly lawful, the woman had to be “mundi keypt”; that is, bought with mund^[5] acquired by a legal agreement between the man on one side, and the parents or guardians of the intended bride on the other, in regard to the dower or property agreed on both sides as belonging to the bride.

“The sons of Hildirid went to ThÓrÓlf and presented their claim to the property of their father BjÖrgÓlf. ThÓrÓlf answered: ‘I know of Brynjolf, and still better of BÁrd, that they were men of such generosity that they would have given you of the inheritance of BjÖrgÓlf as much as they knew you had a right to. I was present when you pressed this same claim against BÁrd, and I heard that he thought there were no proofs for it, for he called you sons of a concubine.’ Harek said they would get witnesses that their mother was bought with mund. ‘But it is true that we did not first present this claim to our brother Brynjolf. There was also to be a division between kinsmen, and from BÁrd we expected honourable treatment in every respect, but our dealings with him were not long. Now this inheritance has come into the hands of unrelated men, and we cannot be altogether silent with regard to our loss. It may be that there yet is as before such difference in power that we may not get our rights from thee, if thou wilt hear none of the witnesses, whom we can bring forth that we are odal-born men.’ ThÓrÓlf answered harshly: ‘I count you the less legitimate as I am told your mother was taken away by force and brought home as a captive’” (Egil’s Saga, c. 9).

Mund was originally the name for all the conditions in regard to the property of both, especially that of the wife. This agreement was the most important thing at the festar^[6] (betrothal, fastening). Children born without the payment of it were not inheritance-born—in a word, were considered illegitimate.

If the wife was poor and entirely without property the husband had to give a mund of twelve aurar, in order that the marriage should be regarded as fully legal.

“Next we must know how we shall buy women with mund, so that the child is inheritance-born. The man shall give that woman a poor man’s mund, amounting to 12 aurar, and have witnesses (at the ceremony). He shall have bridesmen, and she bridesmaids, and he shall give her a gift in the morning when they have been together one night, as large as the one at the betrothal. Then the child born thereafter is inheritance-born” (Gulath., 5).

“All men are not inheritance-born though they are free-born. The man whose mother is not bought with mund, with a mark, or still more property, or not wedded, or not betrothed, is not inheritance-born. A woman is bought with mund when a mark consisting of aurar, of the value of 12 feet of vadmal,^[7] or more property, is paid or stipulated by hand-shaking. A wedding is lawfully made if the lawful man betroths the woman, and six men at least are present” (Gragas, i. 75).^[8]

If a man married a girl without the consent of her parents or guardians, or made a runaway match, the husband was outlawed.

“BjÖrn, the son of a hersir at Aurland in Sogn, was a great seafaring man; sometimes he was on Viking expeditions, sometimes on trade-journeys. One summer he was in Firdafylki at a feast where there were many people. There he saw a handsome maiden whom he liked much. He asked of what family she was. He was told that she was the sister of ThÓrir hersir, son of HrÓald, and was named Thora HladhÖnd (lace-hand). BjÖrn asked her in marriage, but Thorir refused her to him, and so they parted; but the same autumn BjÖrn got men and went with a full-manned skuta^[9] north to Firdafylki, and arrived at ThÓrir’s when he was not at home. He took Thora away, and carried her home with him to Aurland.

“In the autumn ships arrived at Iceland from Norway, bringing the report that BjÖrn had run away with Thora, without the consent of her kinsmen, and that the king had for that reason outlawed him from Norway” (Egil’s Saga, c. 32, 34).

The first matter settled was the heimanfylgja (home-following, or dowry), which follows the bride as given by the parents, or by those who had the right to give her away; and then what the man had to set against the dowry of his intended, which was called tilgjÖf, or counter gift. This latter stood in a certain proportion to the former, and generally formed a third of the whole coming to the wife. It was occasionally decided at the same time what linfÉ^[10] (linen fee) the husband should give to his wife on the morning after their wedding.

“The king (Svein of Denmark) and the jarl agreed that Thyri (Svein’s sister) should have the possessions in Vindland which Gunnhild (deceased wife of Svein, daughter of BÚrisleif) had owned, and also other large possessions as dower (tilgjÖf). Thyri wept sorely, and went, very much against her will. When they came to Vindland BÚrisleif made his wedding-feast and married Thyri, but she would neither take food nor drink from the heathens for seven days” (Olaf Tryggvason’s Saga, c. 99).

The dowry included movable property and lands.

“The mother shall take as much property if her daughter dies childless as she has given her from home, and also the mund without interest. She and her children shall get this in preference to the father. Every man who has given anything for the heimanfylgja shall get it back if the wife dies childless, and also get the mund, if he has declared it at the betrothal or the wedding” (Gragas, i. 174).

The givers-away of the bride were called giptingar-men, and were either parents, kinsmen, or guardians.

After the preliminaries to the marriage had taken place, and the agreement had been announced to the witnesses, the festar or betrothal followed, when the parties became festarmadr or betrothed man, and festarkona or betrothed woman. This was a legal tie which could not be broken with impunity. The suitor went over to the father or guardian of the woman, and the latter betrothed her to him with a “handsal” (hand-shaking); at the same time both parties also named their witnesses to their betrothal. Gragas gives the formula used at this ceremony, which is as follows:—

“A woman is betrothed according to law if a man recites the agreement about the mund; then the guardian and the man to whom the woman is betrothed shall name witnesses to it. The man who is betrothed shall say: ‘We name witnesses that thou N. N. betrothest thyself to me N. N. with a lawful betrothal, and givest me the heimanfylgja with hand-shaking, as the fulfilment and performance of the whole agreement which was a while ago recited between us without fraud and tricks.’ This is a complete and lawful match. It is lawful when the betrother is the one who has the right to betroth according to law; and it is complete if the betrothed is in such health that she would be bought at no less price if she was a bondmaid, or has no other faults or blemishes which would make her cost less or which she had when sixteen winters old. But if these faults are found in the woman, the man who knowing it betrothed the woman is liable to lesser outlawry for it, and the wedding may be prevented if the man betrothed wishes it, provided he had before pronounced the words, ‘a complete and lawful match’—but not otherwise. Now if the betrothed man wants to demand the mund he shall summon the guardian, because he has betrothed the woman knowing such faults in her that she would cost less if she were a bondmaid. He shall summon him to lesser outlawry, and summon nine of his neighbours to the Thing. If the witnesses are against him he is to be outlawed, and the mund cannot be claimed. If the witnesses say that the guardian knew not the faults of the woman he can defend himself, but he cannot claim the mund unless he can get five dwellers at the farm of the woman as witnesses that she has not these faults; then the mund is to be paid back” (Gragas, i. 316).^[11]

If the betrothed woman was injured or wronged in any way the man had the same right to gain redress as if she were his wife.

“Every man has full rÉtt on the behalf of his betrothed as well as his wife, as long as it is due; but if she sits at home in the house of a father or brother they have the full rÉtt on her behalf which her betrothed would otherwise have had” (Frostath., xi. 12).

“If a man runs away with a betrothed woman he shall pay full rÉtt to the betrothed man and also to her father” (Bjarkey law, 125).

The virtue of a betrothed woman was very carefully guarded.

“If the father dies before the wedding within the twelve months, and the child is begotten, then that child shall take its father’s inheritance as if its mother were bought with mund. But in no other way is a man inheritance-born unless his mother is bought with mund, or he is led lawfully into the family (adopted). Though a man betroth his concubine in order that according to this law his children be inheritance-born, or delays the wedding on account of this, it does not matter, for neither shall inheritance-fraud be committed, nor the wedding be dishonoured by this” (Frostath., 13).

The breaking of a betrothal by either party was severely punished, and the laws on the subject were strict.

“If a man will not take his betrothed he shall be summoned home to take her, and a day be fixed. Thereupon he shall be summoned to the Thing because he flees from his betrothed. Then the thingmen shall make him an outlaw, and he is called a runaway (fudflogi)” (Gulath., 51).

“If a man wants a better match, the father shall betroth his daughter himself if she is a maiden, and the brother shall do it if the father is dead. If the father will not give his daughter to the man to whom she has been betrothed, he shall be summoned home and a day be fixed on which he shall have his betrothed. If the betrother will not let him have her, he shall demand the dowry of his betrothed, and summon him to the Thing for robbery; then the thingmen have to outlaw him. The maiden has no power in this matter, if she does not draw back from the marriage herself. The man who has charge of the betrothed woman may keep her from the betrothed man for a twelvemonth. A widow may betroth herself, but shall take the advice of her kinsmen; then she cannot break her troth. If she has not taken the advice of her kinsmen, she may break it and pay three marks for the breach of faith to the one who was betrothed to her. If a man betroths to a man a woman over whom he has no betrothing power, he shall pay three marks to the one who was betrothed to her. Two or more brothers shall have power over their sister; if one of them betroths her to a man, and the others object, then they shall draw lots who of them shall rule; if the one who betrothed her draws the lot, the betrothal shall be kept, otherwise not, and then the betrother shall pay three marks for breach of faith” (Earlier Gulathing’s Law, c. 51).

The length of the betrothal, if no special agreement had been made, was limited to twelve months, that being the longest time that a woman’s guardian could defer a marriage against the will of her future husband. Three years seems to have been the longest delay allowed; during that time the woman was said to sit as betrothed, if the suitor was away and did not return within that time the agreement was void, and the woman was free to marry another man.

“BjÖrn now rode to Borg to see his kinsman SkÚli. When they met, BjÖrn told him that he wished above all to get Oddny Thorkel’s daughter before he left. SkÚli asked if he had said anything about it to her. BjÖrn answered he had certainly done so. Then let us go, said SkÚli; and they went. They came to HjÖrsey, and saw Thorkel and his daughter Oddny. BjÖrn then told him the state of his feelings, and asked Oddny in marriage. Thorkel took it well, and referred it altogether to his daughter’s decision. As BjÖrn had been known to her before, and they had loved each other very fondly, she consented. Then the betrothal was performed at once, and she was to sit betrothed for three winters. And even if BjÖrn, while staying in the same country (Iceland), was prevented from marrying her, she was to wait for him nevertheless during a fourth winter. If he should not come back from Norway in three winters, Thorkel was to give her in marriage if he liked. Also BjÖrn was to send men to Iceland to renew the betrothal if he could not come himself. SkÚli contributed as part of the contract so much property with BjÖrn that it was as much as all the property which Thorkel added to his daughter’s mund”^[12] (BjÖrn HitdÆlakappi’s Saga).

The betrothed who without valid reason did not fulfil her engagement, and the giver-away who kept back the betrothed woman, were outlawed. If she of her free will took another man than her betrothed, both she and the giver-away were outlawed.

“If a man betroths a woman he shall have her married within twelve months if no necessity hinders” (Frostath., iii. 12).

“The giver-away of a woman may keep her from her betrothed man for twelve months” (Gulathing’s Law, 51).

“If she (the betrothed woman) wants to break the betrothal within twelve months, and says she has been betrothed against her will, he can use his witnesses against her words and get her. If he lacks witnesses then she and also her father and mother, or their nearest kinsmen if they do not exist, shall assure it is against her will with an oath, and pay the betrothed man as much as was promised. If this takes place after the wedding she loses her third” (Frostath., iii. 22).

“If the man to whom a woman is betrothed becomes sick he shall send word half a month before (the wedding) to the man who has betrothed the woman that he will not come to the wedding on account of his health, and the woman need not be brought home to him though it was agreed, and the reasons must be told. Then the wedding shall not be before the same time next year, unless the man wants it before, and then word must be sent half a month or more before, and he shall keep the wedding at his sole cost. If he does not recover in the next twelvemonth the betrothal is dissolved, unless both wish otherwise” (Gragas, i. 310).

The wedding generally took place at the home of the bride; very seldom at the bridegroom’s: on the wedding-night the mund became the wife’s personal property.

After the marriage the bride and bridegroom were hjÓn, a word which means man and wife; and then the wife became an eiginkona (own woman, wife, spouse) and hÙsfreyja (housewife), and enjoyed the rights belonging to that position.

“Illugi lived at HÓlm in Akranes. He was tall and strong and wealthy; he went on a wooing-journey to Ölfusvatn, and asked for Thurid, the daughter of Grimkel by his first wife. Grimkel answered favourably, for he knew Illugi; the betrothal was performed there; HÖrd (Grimkel’s son by Signy) was not present at this. In the tvimanad (September) the wedding-feast was to be at Ölfusvatn, and when the appointed day came Illugi made ready to go with thirty men” (HÖrd’s Saga, ch. ii.).

No rings were exchanged or given either at the betrothal or the wedding. That the bride had a special dress for the bridal ceremony seems to be certain, though in no Saga have we a description of a bridal dress; but from several passages we see that the bride was hvit-fÖldud (white-folded), and lin-bundin (linen-bound, enveloped in linen), which implies that the bridal dress was white.

“It is told that the first evening of the wedding the brides (King Svein’s, and that of Sigvaldi, Jarl of the Jomsvikings) had their head-dress (fald) low down so that their faces could not be distinctly seen; next morning they were very merry and did not wear any skuplas.”^[13]

This bridal linen was a long wide head-dress hanging down the back from the top of the head, or a kind of veil. In Thrymskvida the bride wore such a head-dress, which was fastened on the head with an ornament. At the waist a bunch of keys was placed to show her authority as mistress of the household, and on her breast she had an ornament.

The jÖtun Thrym had got Thor’s hammer and would not give it back, unless Freyja were married to him. Thor was disguised as Freyja, and sent as a bride to Thrym; he got hold of the hammer, and crushed Thrym and the jÖtnar.

We have nothing to show positively that marriage was celebrated with religious ceremonies, but certain forms may have taken place. In the later Edda we have the goddess VÁr, who hears the vows of men and women. In Helgi HjÖrvardson there are also vows called by her name, and it seems that she was solemnly invoked at weddings, and the sign of the hammer of Thor made over the bride.

Marriage without betrothal proceedings and dowry was called skyndibrÚdhlaup (hasty wedding), or lausa-brudhlaup (loose wedding). Such an union was illegal, and the children begotten thereby had no right of inheritance.

“BjÖrgÓlf, a landed man in Halogaland, once in his old age was at a feast with HÖgni, a rich bondi, and saw his daughter Hildirid, whom he liked well.

“The same autumn BjÖrgÓlf the old left on his skuta with thirty men. He came to Leka (HÖgni’s farm), and twenty men went up to the farm, while ten guarded the ship. When they came home HÖgni received him well, and invited him to stay there with his men; he accepted, and went into the stofa (daily room). When they had taken off their outer clothes HÖgni had a skap-ker (large vessel) with ale carried in. Hildirid, his daughter, carried ale to the guests. BjÖrgÓlf called HÖgni, and said: ‘My errand hither is that I wish thy daughter to go home with me, and I will marry her in loose wedding.’ HÖgni saw he could do nothing but what BjÖrgÓlf wished. BjÖrgÓlf bought her with an eyrir of gold.... They had two sons, HÁrek and Hroerek, and BjÖrgÓlf died afterwards. Then BrynjÓlf, his son by the first wife, sent her away to her father. They were called Hildirid-sons, and not by the name of the father. BrynjÓlf died, and his son Bard got his death wounds in the battle of Hafrsfjord. Bard had the king called to him, and said: ‘If I die from these wounds I ask you to allow me to dispose of my inheritance.’ The king consented. Bard said: ‘I wish my companion and kinsman ThorÓlf to take all my inheritance, lands and loose property; I will also give him my wife and my son to bring up, for I trust him best of all men.’ ThorÓlf according to the wish of his friend married this wife, Sigrid, daughter of Sigurd in Sandnes” (Egil’s Saga, 7).

The father or the guardian of the girl had the decision over her marriage. If the father was dead the brothers were the guardians of the unmarried sister. If she had neither father nor brothers, her mother in connection with the nearest uncle could give her away; and as the maiden had no voice in the matter, she could be forced by her father or guardians into a marriage against her will.

“Thorvald Usvifrsson, a rich man, demanded Hallgerd in marriage from her father HÖskuld, an Icelandic chief. HÖskuld told him that she was proud, but Thorvald said that did not matter. HÖskuld did not ask his daughter, because he intended to give her in marriage and betroth her to Thorvald. When he told her, she said: ‘Now I have found out what I long suspected, that thou dost not love me so much as thou always pretendest, as thou didst not think it worth while to speak to me about this matter; nor do I think this match as high as you have promised me.’ It could be seen that she considered herself to be married beneath her rank” (Njala 10).^[19]

“The giver away next to a father or brother is a lawfully wedded mother. If there is no mother, then the man twenty winters old or more who is the nearest heir after the woman who is married” (Frostath., law ii. 13).

The father did not always exercise his right of deciding about the marriage; sometimes he left the decision of the suit entirely in the hands of the daughter, but such cases must be regarded as an exception.

If a girl married against the will of her parents or kinsmen the latter could disinherit her, and her progeny were illegitimate, and this act of disobedience would even get her self-chosen husband declared an outlaw as a woman-robber.

When a poor girl was given in marriage to a rich man, one of the conditions made was that her clothes and ornaments should be provided, though if she was an heiress and fifteen years of age she could betroth herself with the advice of her kinsmen.

The different Sagas and laws place the age of majority of men as well as of women at fifteen years, and early marriages of women at that age were not uncommon.

“Thorvald (a wealthy Icelander) asked in marriage GudrÚn Úsvifr’s daughter at the Althing when she was fifteen winters old. The answer was favourable, but Úsvifr said it would be seen by the conditions that they were not equally high-born. Thorvald took this well, and said he asked for the woman and not for property. Then GudrÚn was betrothed to Thorvald, and Úsvifr made the agreement. It was that GudrÚn alone should rule over their property after they had come into one bed, and be owner of one half of all, whether they lived longer or shorter together. He was also to buy costly things for her, so that no equally rich wife had better jewels” (LaxdÆla, c. 34).^[20]

“The maiden who becomes an heiress may marry herself to whomever she likes when she is fifteen winters old, with the counsel of those of her kinsmen who are the wisest and nearest both on her father’s and mother’s side” (Frostath., xi. 18).

“GlÚm, a powerful man, went with his brother (Thorarin) to HÖskuldsstadir with eighteen men to ask in marriage Hallgerd, the daughter of the chief HÖskuld who lived there. When they had stayed there overnight GlÚm’s brother, ThÓrarin, said: ‘I have come here, HÖskuld, with my brother GlÚm to ask thy daughter Hallgerd in marriage for him. Thou must know that he is high-born.’ ‘I know,’ said HÖskuld, ‘that your brothers are of good kin, but I will also tell thee that I married her once and it became a great misfortune.’ ThÓrarin answered: ‘We will not let that prevent the bargain, for a single oath is no evidence for all cases.’”

As Hallgerd had been unfortunately married, Hrut said:—

“This time Hallgerd must not, as before, be kept in ignorance of the betrothal; she shall know all this bargain and see GlÚm, and have her way about marrying him or not; then she cannot accuse others if it does not do well; all this shall be without deceit.’ ThÓrarin said: ‘Now, as always, it will be best to take thy advice.’”

Hallgerd was sent for; and after coming in with two women—

“She sat down between HrÚt and her father. She greeted them all with fine words, and spoke well, and asked for news. Then she grew silent. GlÚm said: ‘I and my brother ThÓrarin have spoken about a bargain to thy father, namely, that I should marry thee, Hallgerd, if it is thy will, as it is theirs. Thou wilt also tell now, as thou art called a highly accomplished woman, whether it is somewhat to thy mind; but if the bargain with us is not to thy wish, we will not speak of it.’ Hallgerd said: ‘I know that your brothers are men of good kin, and that I will now be married much better than before; but I want to know what you have said, and how far the matter has advanced; but as thou lookest to me, I think I will love thee well if our tempers agree.’ GlÚm himself told her all the conditions, and left nothing out, and asked HÖskuld and HrÚt whether they were rightly told. HÖskuld said they were. Hallgerd said: ‘You, my father, and HrÚt have behaved so well to me in this matter that I will do this at your advice, and this bargain shall be as you have made it.’ HrÚt said: ‘I think it advisable that I and HÖskuld should name witnesses, and that Hallgerd should betroth herself if the lawman thinks it right.’ ThÓrarin answered: ‘It is right.’ Then the property of Hallgerd was valued, and GlÚm was to give as much, and there was to be joint-partnership between them. Then GlÚm betrothed Hallgerd to himself, and they rode home. HÖskuld was to hold the wedding feast” (Njala, c. 13).

When girls were of age they could transact their own business.

“There are maidens called baugryg. They shall pay with rings and take rings when they are only children and inheritance-born, till they sit down on a bride’s chair. Then they throw this into the lap of their kinsmen, and shall neither pay nor take rings thereafter” (Frostath., vi. 4).

A widow, who had the same rights as a girl of age, could not be forced into a new marriage by her father or kinsmen, but on the other hand she could not marry without their consent; and the conditions of the marriage were generally settled by the spokesmen of the suitor and her nearest of kin in the usual manner.

“A widow shall betroth herself and take the advice of her kinsmen” (Gulathing’s Law, 51).

“Thorgerd, Thorstein’s daughter, HÖskuld’s mother, was still a young and very beautiful woman. She did not like to stay in Iceland after the death of Koll (her husband). She declared to her son HÖskuld that she wished to go abroad with the property she owned. HÖskuld said he was sorry to part with her, but would not oppose her will in this any more than in other things. Then HÖskuld bought the half of a ship in DÖgurdarnes for his mother. Thorgerd went on board with much property, set sail, and after a good journey landed in Norway. She had in Norway a large family and many highborn kinsmen; they received her well, and offered her everything she might wish. Thorgerd accepted this thankfully, and said she intended to settle down there. She was not long a widow; HerjÓlf, a wealthy and highly-honoured lendirmadn, asked her in marriage. She accepted him, although he was not handsome, and a splendid wedding was celebrated. A son was born to them, who was called Hrut, and who quickly grew up and became very strong and large. He was fair of face like his mother’s family. HerjÓlf fell sick and died, and men thought it a great loss. After his death Thorgerd did not like to remain in Norway, but returned to Iceland to her son HÖskuld with much property, and remained there until her death, after which she was buried in a mound. After her burial HÖskuld took all her property, and offered half of it to Hrut, who had remained in Norway” (LaxdÆla, 7).

The Icelandic chief Thorkel Eyjolfsson wanted to marry the widow Gudrun, Usvifr’s daughter. The chief Snorri godi asked her in marriage on his behalf.

“Gudrun answered: ‘My sons Thorleik and Bolli will have most of the power in this, but thou, Snorri, art the third man to whom I would most willingly entrust the matters which I think very important, for thou hast long given me good advice.’ Snorri said it was evident that Thorkel ought not to be rejected. Thereafter Snorri had the sons of Gudrun called thither; he told them how much support they could get from Thorkel on account of his wealth and foresight, and gave good advice about it. Bolli answered: ‘My mother will be best able to see this; I shall consent to her will. But surely we think it advisable to take into account that thou hast supported this matter, Snorri, for thou hast done many good things for us.’ Gudrun said: ‘We shall carefully heed the advice of Snorri in this matter, for thy counsels have been good to us.’ Snorri urged her strongly to do it, and it was settled that the marriage should take place. Snorri offered to make the wedding-feast. Thorkel was pleased at that, and said: ‘I have got provisions enough to supply as much as you like.’ Then Gudrun said: ‘It is my will that the feast shall be here at Helgafell’” (LaxdÆla, 68).

People could not marry unless they had means enough to support themselves in comfort. If they acquired wealth afterwards, then he owned two-thirds, and she one-third, both of land and movable property, and the husband could not take his wife’s property out of the country without her consent. Partnership between husband and wife was said to be established after a certain time, which according to Frostathing’s Law was twelve months.

But according to the Gulathing, man and wife could not, without the consent of the heirs of both, enter into partnership before they had children; but when they had, they could make whatever partnership they liked. When they had been married twenty years they were partners according to law.^[21]

“If men marry who have less property than one hundred legal aurar, besides their everyday clothes, and no children, then they are liable to lesser outlawry unless the woman is barren. No fÉrÁnsdÓm^[22] shall be held, and their property is not confiscated, and they shall leave the land with their children, and not come back unless their property increases so much that they own a hundred or more, or the woman is barren” (Gragas, i. 323).

“If man and wife have equal property they shall make partnership if they wish, which is also valid for their heirs. The contract of betrothal is valid between man and wife while its witnesses live and no other contracts are made. But if the witnesses remembering it are dead, then their property is in common, according to law, if he owned a mark or more, and the mund was paid, and they have lived together three winters or more. If they are poor and earn property, their property is in common according to law. According to law the joint partnership is always thus, that he owns two parts, and she one-third”^[23] (Gragas, i. 334).

“If a wife loses her husband, and they have lived twelve months together, she owns one-third of the farm and of all loose property, and her clothes besides” (Frostathing, xi. 6).

“If a man marries a widow or maiden who owns a farm, he owns nothing of the farm before they have lived together twelve months. Then the laws lay their property together.

“If two paupers marry according to the laws of the land, and their property increases, then he owns two-thirds, and she one-third of lands and loose property” (Frostathing, ix. 8, 9).

“A man shall not take the property of his wife out of the land, except with her consent. He shall rule over all their property for their use. Neither of them shall by word or deed forfeit the property of the other. Every man has the same rÉtt for his wife as for himself” (Earlier Gulathing’s Law, 52).^[24]

“If a man wants to leave the country with the property of his wife, she may give full powers to any man she wishes to forbid him going, and prosecute him and the men who take him away, if needed” (GrÁgÁs, i. 331).

“A wife shall not refuse partnership to her husband. If a man marries a maiden, they cannot enter into partnership unless the men who have right to their inheritance assent; but if they have inheritance-born children, they can enter into such partnership as they like.

“If a man marries a widow, and she has children (inheritance-born children) which are under age, and the man nevertheless wants to enter into partnership with her, ‘then a meeting shall be summoned of the children nearest of kin on their father’s side, and a partnership be made according to the worth of their property; land shall be valued against land, and loose property against loose property,’ and his property valued also if it is more than hers. It cannot be broken if thus made.

“If they enter into partnership in another way, it may be broken, whether his heirs or hers want it, by going to a Thing before they have been twenty winters together, and declaring that the partnership is broken. If this is not done before they have been twenty winters together, he (the husband) can never change it thereafter.

“Wherever husband and wife enter into partnership, they shall declare it before many men. Now if they have lived together twenty winters or more, they are partners according to the laws, if they were not before. Then she owns a third of the property, and he two-thirds. Though it (the partnership) be made, if it is not made public during the twenty winters, it is as if it had not been made” (Gulathing’s Law, 53).

Marriages were forbidden to the fifth degree of relationship.

“It is a new law that marriage is not allowed nearer than the fifth degree in the same degrees of relationship and kinsmanship. If they are both kinsmen in the fifth degree they may marry if they like, but pay a larger tithe of all their property” (GrÁgÁs, i. 308).

The wedding feasts, at which the gods were invoked for the happiness of the marriage, were often very splendid, and guests, to whom presents were given, came from long distances. The length of the feasts varied according to the rank and wealth of the family, and were so gorgeous that they remained long in the memories of the people.

The brÚd-kaup, or wedding, was the fulfilment of the conditions stipulated at the betrothal.

“Sigmund^[25] rode to Orradal, and visited Thorkel, and was well received. He now began his wooing, and asked Thurid in marriage. Thorkel took this well, and thought it a great honour for his daughter and them all. Sigmund made his wedding-feast at Hladir with Hakon jarl, and the jarl made it last for seven nights” (FÆreyinga Saga, 26).^[26]

“Heidrek married Herborg, the daughter of King Hrollaug in Gardariki. Their wedding-feast was made, and no man had heard of a greater feast in these lands; it lasted a month; when it ended the chiefs were led away with gifts. Hrollaug gave his daughter a dower of gold and silver and costly things; Vindland, which lies next to Reidgotaland, was also to follow her as dower” (Hervara Saga, c. 14).^[27]

The celebration of King Olaf’s wedding is thus related:—

“Olaf had made preparations, with the best of all kinds of drink and provisions that could be got. He had invited many high-born men from the districts. When RÖgnvald jarl arrived with his men, the king received him well, and large, good, and well-furnished rooms were given to him; the servants took care that there should be lack of nothing which might be proper for a feast. When the feast had lasted some days, the king and the jarl and the king’s daughter spoke together; it was agreed that RÖgnvald of Western Gautland should betroth Astrid the daughter of Olaf, King of Sweden, to Olaf, King of Norway, with the dower which they had before agreed upon that her sister Ingigerd should have. The king also was to give Astrid as much as he would have given to her sister Ingigerd. Then the feast was made larger, and the wedding of Olaf and Astrid was celebrated with great splendour” (St. Olaf’s Saga, c. 94).

In sparsely-settled countries we find that a bondi was obliged to shelter the bridal party.

“A bondi shall feed at least five of them (the bridesmen and bridesmaids). He is an outlaw if he refuses to lodge them. This is if the bride or bridegroom are with them; otherwise he must feed three men” (Kristinrett ThorlÁks og Ketils biskupa, p. 94).

In the hall where the wedding-feast took place there were bridal benches, which were probably kept in the family for such an occasion; just as to-day the bridal crowns are kept in Norway.

On one of the long benches the bridegroom was seated with his men; on the other, which was opposite, the father of the bride and his male guests. On the cross-bench sat the women, with the bride in the middle; therefore this bench was called brudbekk (bride-bench).

Sverting Hafr-Bjarnarson was going to marry HÚngerd, Thorodd’s daughter, and invited Hlugi the black, father of Gunnlaug Ormstunga, and his sons to the wedding-feast.

“The women sat on the cross-bench; Helga fagra (the fair) sat next to the bride, and her eyes often glanced at Gunnlaug, and there the saying was proved that ‘the eyes do not hide it if a woman loves a man.’ Gunnlaug was then well dressed, and wore the fine clothes which King Sigtrygg gave him; he was thought greatly superior to other men, both in strength, beauty, and stature” (Gunnlaug Ormstunga c. ii.).^[28]

We find that during the feast the bride was seated between the bridesmen and bridesmaids, a custom that has come down to this day; the linfÉ was then presented to her as she sat under the bridal linen.

“Then he (the bridegroom) shall sit between the bridesmen, and she between the bridesmaids. He shall walk across the floor and give her linfÉ. That is lawful whether the gift is small or great” (N. G. L., ii. 305, King Magnus’ Laws).

It was the custom to offer to the bride a bekkjar-gjÖf (bench-gift) while she sat on the bridal bench.

Kjartan Olafsson, a famous Icelandic champion, was taking leave of IngibjÖrg, the sister of King Olaf Tryggvason, as he was going to Iceland.

“At this moment IngibjÖrg opened a mead-cask standing at her side, and took out of it a white and gold woven woman’s head-gear, which she gave to Kjartan, saying it would be only too good for GudrÚn Osvifr’s daughter to wrap around her head; ‘and thou wilt give it to her as a bench-gift. I want the Icelandic women to see that she who has been talking with thee in Norway is not of thrall-kin. It was in a bag of gudvef,^[29] and was most costly” (LaxdÆla, c. 43).

When Olaf Tryggvason kept his wedding-feast with Thyri of Denmark, he asked her whether he should choose a bench-gift befitting a maiden or a woman who has been married. She answered that he should do what seemed to him most beseeming for himself and her. He was pleased with her answer, and at once sent her a woman’s cloak with very fine furs and beautifully ornamented.^[30]

We see not only how particular people were in regard to precedence, but how jealously wives guarded the reputation of their husbands.

“The chief Gudmund Riki (the powerful) was present at the wedding-feast of his overseer Thorstein; he sat in the high-seat, Thorir Helgason (a chief) opposite to him, and the women on the cross-bench; bright lights were burning, and tables were placed in front. The bride sat on the middle of the cross-bench, with Thorlaug (wife of Gudmund) on the one side, and Geirlaug (wife of Thorir Helgason) on the other. A woman went with water to the cross-bench, having a cloth on her shoulder, and first went to Geirlaug because she had been with her the previous winter. Geirlaug said: ‘Thou actest with goodwill, but in a thoughtless way; carry the water first to Thorlaug.’ She did so. Thorlaug beckoned it away with the back of her hand, saying: ‘Too much trouble is taken, Geirlaug, for the woman is right; there is no jealousy in my mind at this; it is not certain that any other woman is of higher rank in the district than thou.’ Geirlaug answered: ‘The trouble is little, Thorlaug; but if thou hast the ambition to be most honoured, I have nothing equal to thee, except my marriage.’ Thorlaug replied: ‘Certainly I think thee well married, though I do not now know another who is better married than I.’ Geirlaug added: ‘Thou wouldst be well married, if thy husband were said by all to be courageous or valiant.’ Thorlaug replied: ‘This is wickedly spoken, and thou art the first to say it.’ Geirlaug replied: ‘It is true, for many others say it; but Thorkel HÁk said it first, and my husband Thorir and every man who can move his tongue says it.’ Thorlaug said: ‘Bring the water hither, woman, and let us end this talk” (Ljosvetninga Saga, c. 13).

“The famous champion Gunnar of Hlidarendi was to have his wedding, and had invited to the feast many people. He placed his guests as follows. He sat himself in the middle of the bench; and to the right of him was ThrÁin SigfÚsson, Ulf Aurgodi, Valgard the grey, MÖrd, RunÓlf, the sons of SigfÚs, and innermost Lambi. Next to Gunnar on the other side sat NjÁl, then Skarphedin, Helgi, Grim, HÖskuld, Hafr the wise, Ingjald from Keldur, and the sons of Thorir from Holt. Thorir wanted to sit outside all the men of distinction.... HÖskuld was in the middle of the other bench, and his sons inside to the left of him; RÚt sat outside to the right of HÖskuld; it is not said how the others were placed. The bride, Hallgerd, sat in the middle of the cross-bench with her daughter Thorgerd on one side, and on the other ThÓrhalla, daughter of AsgrÍm EllidagrÍmsson” (Njala, c. 34).^[31]

The man, as the guardian of his wife, had to manage their property; but nevertheless the property of each was quite separate. At the marriage the property of both was valued, and the heimanfylgja, tilgjÖf, linfÉ, and also what she had got or would get by inheritance or other ways, were regarded as the property of the woman.

If the husband died first, his natural heir got his property, while the wife kept hers; but if the wife died first, the husband took back the tilgjÖf, and the other property went to her heirs.

If a man did not value the property of his wife at the marriage, then he had to pay the value to her heirs if she died before him, and take an oath that he had not received more. But if he died first, and his property also had not been valued, and they had been married for twelve months, then she got one-third of the loose property and land, besides her clothes.

“A man shall rule over his wife’s property while they are married, and not separated, except that which is stipulated at their betrothal or their marriage; that property shall she answer for and rule herself. If an inheritance falls to a man’s wife, and there are umagi^[32] in that inheritance but no property,^[33] her husband shall take care of these, and “fit them out,” but her heimanfylgja shall not diminish when it is made public in a drinking-hall.^[34] But if there is property in that inheritance, the lands and all loose property shall be valued, and he shall have the care of them and the increase, but he shall pay as much back as he got, except the land-rents which he got afterwards” (Earlier Frostathing’s Law, xi. 5).

“A gift given to a woman shall be her property, in whatever manner she may be separated. All the property of a maiden shall be valued, loose property against loose property, but one half of a widow’s property shall be valued. The valuation shall be lawful in every case except two—if she dies childless or leaves him without a protector” (Gulath., 54).

The only certain examples of polygamy^[35] occur among the great chiefs, such as Harald Fairhair. Harald Hardradi had two wives, Elizabeth, the daughter of the King of GardarÍki, and Thora, the daughter of a Norwegian chief; both enjoyed the name of queen.

The husband was obliged to protect his wife, and take as much care of her honour as of his own.

“Now is about the rights of women. Every man has claim on behalf of his wife. A Hauld owns three marks if she is struck; but a widow shall have the same rÉtt as her last husband (had), and the one she wishes shall prosecute. But if a maiden is struck, her nearest kinsman shall claim her rÉtt as if it were his own. But if she is to have it herself, the right plaintiff shall summon a Thing” (Earlier Frostathing’s Law, x., c. 37).

The following laws show how strict people were in regard to kisses:—

“If a man kisses a woman (belonging to another) secretly, with her will, he is liable to pay three marks, and the one who would have to prosecute for seduction has to prosecute. If she gets angry at it, she may prosecute herself, and the man is then liable to lesser outlawry. If a man kisses a man’s wife secretly, he is liable to lesser outlawry whether she allows it or refuses it. Nine neighbours are to be called as witnesses to this at the Thing.... If a man puts on a fald or woman’s clothes to deceive a woman, he is liable to lesser outlawry”^[36] (Gragas, i. 337).

“If a man makes a song of love^[37] on a woman, he is to be outlawed. If the woman is twenty years or older, she shall prosecute the case herself. But if she is younger, or will not prosecute, her legal guardian has to do it” (Gragas, vol. ii., p. 150).

Women’s rights appear to have been not altogether unknown even in these early days; for women who got their own livelihood and whose kinsmen did not trouble themselves about their support, were their own masters.

“If kinsmen will not take proper care of women, and they (the women) get their living themselves, then they shall rule over themselves as they like” (Frostath., xi. 17).