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, 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).
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.
In order that marriage should be regarded as perfectly lawful, the woman had to be “mundi keypt”; that is, bought with mund 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.
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 (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, 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).
If a man married a girl without the consent of her parents or guardians, or made a runaway match, the husband was outlawed.
“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 8her 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)
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.
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 11next 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.
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.
Then said Thor,
The mighty Ás,
The Asar will me
Effeminate call
If I let myself
Be tied in bridal linen.
Then they tied Thor
In the bridal linen,
And the great
Brisinga-necklace;
Let keys hang
From his belt,
And woman’s clothes
Hang round his knees,
And broad stones
Be on his breast,
And fastened the cloth
On his head with skill.
(Thrymskvida.)
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.
Then said Thrym,
The chief of Thursar:
Carry in the hammer
To consecrate the bride,
Lay Mjöllnir
In the maiden’s lap.
Wed us together
With the hand of Var.
The mind laughed
In the breast of Hlórridi
As the hard-minded one
Saw the hammer;
Thrym killed he first,
The lord of Thursar,
And thrashed
The Jötun’s whole kin.
(Earlier Edda; Thrymskvida.)
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.
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.
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.
“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).
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).
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.
“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 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 18so 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” (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).
“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.
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).
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.
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 in that inheritance but no property, 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. 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 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” (Gragas, i. 337).
“If a man makes a song of love 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).
Compiled from sources in the public domain.
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