The Viking Age. Volume 2 (of 2): The early history, manners, and customs of the ancestors of the English-speaking nations — John Shaqi
The Viking Age. Volume 2 (of 2): The early history, manners, and customs of the ancestors of the English-speaking nationsDu Chaillu, Paul B. (Paul Belloni)
History
The Viking Age. Volume 2 (of 2): The early history, manners, and customs of the ancestors of the English-speaking nations
“Thou mayst choose one of two conditions. To stay with me as if nothing
had happened; otherwise I will at once name witnesses, and declare
myself separated from thee, and let my father claim my mund and
heimanfylgja” (Gisli Sursson’s Saga, p. 16).
If a separation took place where neither party could be said to have
been guilty of criminality, then the wife took the same amount of
property as she would have at the death of her husband, or as she would
take in case she left him on account of any unfaithfulness on his part.
If she left him without any valid cause, or he separated from her on
account of her repeated infidelity, then the husband had the right to
retain all her property as long as she lived, and her heir had no claim
to anything of the _tilgjöf_. But if she was unfaithful only once, she
forfeited her _tilgjöf_, and kept the rest of her property. If the man
drove her away against her will for that single offence, she came into
all her rights.
“If a wife commits adultery, or separates from her husband without
reason, she has forfeited her mund and her increase of a third
(_thridjungsauki_). If her husband offers to take her back and she will
not accept it he shall keep all her property while she is alive and then
her next heir shall get her heimanfylgja but no increase of a third. If
they are reconciled and he takes her back, their property shall remain
as if there had been no breach between them. If she repeats the crime he
shall keep her property while he is alive, and if he will not take her
back, then it shall be as has already been said. If she does not and
promises redress, and offers to live with her husband and he will not
take her, then she shall get her heimanfylgja but not the increase of a
third. If the husband wants to rob her of her heimanfylgja and says she
has committed this crime before, and people have not before heard him
accuse her of it, she shall take the _einseidi_ (oath of one) and get
her heimanfylgja, but not her increase of a third if he will not take
her back. If a hindrance separates them according to God’s laws each of
them shall have their respective property” (Frostathing’s Law, xi. 14).
It was a common provision in all the laws that a man was not allowed to
beat his wife, under a penalty of paying the same indemnity as he had a
right to receive if he himself were beaten. If he had beaten her three
times and did it a fourth, then she could leave him, taking with her her
_heimanfylgja_ and _tilgjöf_.
“If a man beats his wife with keys or latches, then he is liable to pay
three marks. Also if he takes another woman and puts her in the house;
she is called _hearth-rival_. Thirdly, if a man beats his wife with a
horn or with the fist on an ale-bench, then he is to pay three marks. If
she three times gets _rétt_ for these reasons, the fourth time she may
separate from him, or not, as she likes” (Borgarthing[41] Laws, ii. 8).
Public-domain text, read in full here on John Shaqi.
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