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
“Now that season passed and the moving days came. Thorkel told Gisli
that he wanted to have all the property divided between them, and begin
joint housekeeping with Thorgrim, his brother-in-law. Gisli said: ‘It is
best to see the property of brothers together, brother; and I should be
thankful if we did not divide.’ Thorkel answered: ‘I saw long ago that
we are unequally kept, as thou toilest night and day for our household,
while I am good for nothing.’ Gisli replied: ‘I am well content, and
would willingly let it be thus.’ But Thorkel would listen to nothing but
division, and said: ‘Thou shalt get the homestead in the division, and
our father’s estate, because I ask for the division, but I will take the
loose property.’ Gisli said: ‘We have tried both to agree and to
disagree, kinsman, and both of us have succeeded better when we agreed;
let us not change this, brother, when we agree well.’ ‘It is of no use
talking of it,’ said Thorkel; ‘the property must be divided.’ ‘Then do
whichever thou likest,’ said Gisli; ‘divide or choose; for I do not care
which I do.’ ‘Then I want thee to divide,’ said Thorkel; and it was
done. Thorkel chose the loose property, which was more than the land
which Gisli got. There were two children to be supported by it, a boy
Geirmund and a girl Gudrid; the children of their kinsman Ingjald.
Gudrid went with Gisli, and Geirmund with Thorkel. Thorkel went to his
brother-in-law Thorgrim and lived with him; Gisli remained at Hól, and
did not find that the household was worse than before”[79] (Gisli
Sursson’s Saga, p. 100).
At the arvel the debts of the dead were settled, and divisions made if
the heirs were several. If the property left was not sufficient to pay
the debts, then the creditors had to share the loss in proportion to
their claims. If the heirs were sons or daughters of the deceased they
had to pay the debts out of their own property.
“When a man is dead his heir shall sit in the high-seat and summon all
the creditors to come there on the seventh day and take away each their
due, as much as witnesses proved. If the property is not enough all
shall share the loss. The one to whom more was due shall lose more. If a
pauper’s and a woman’s share are in the inheritance it holds good if
there is money enough for both; if there is not she shall lose her
_gagngjald_ (_tilgjöf_).... If there are sons or daughters they shall
pay the debts if they have property, but no other man shall do so unless
he inherits property” (Gulathing’s Law, 115).
After the debts were paid, then the paupers were distributed between the
heirs (or if only one pauper existed, each heir supported him in turn in
the same proportion as the inheritance), for the community never
intervened in the support of paupers.
“If people divide paupers without property between them the division
shall be kept up, however they may divide. They (paupers) shall follow
the heirs”[80] (Gulath., 127).
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account