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
Only children by a lawful union were legitimate _skirborinn_
(holy-born), and consequently _arfborinn_ (inheritance-born).
“The child whose mother is bought with mund is inheritance-born when it
comes into daylight living and receives food” (Gragas, i. 223).[81]
“The man who has been carried between the _skaut_ (cloak-skirts) of
father and mother shall have the same rights as his father had” (Earlier
Frostathing’s Law, ix. 15).
“If a man lives with his concubine twenty winters or more, and they
never separate during that time, and no hindrances come forward during
the time, then their children are inheritance-born and they are partners
by law” (Gulath., 125).
In Christian times the arvel changed its name into that of soul-ale.
“Wherever men die and the heir wants to have an arvel, whether it is in
seven days or on the thirtieth morning or later, it is called _erfiöl_.
If they make ale and call it _sálu-öl_ (soul-ale) they shall invite to
it the priest, of whom they buy service, with two other men at least.
The priest shall go to arvels or soul-ales if not hindered by necessity.
If he will not go he shall lose his tithe” (Gulath., 23).
No one who had lawful heirs was allowed to dispose of his property
before his death without the assent of these heirs.
“No man shall divide a property or inheritance before the owner allows
it, until men see that he spoils it. As long as a man has his wits and
can manage his farm and bargains, and is able to ride on horseback and
drink ale, he shall rule his property, and no man is allowed to divide
it; if it is divided it shall not be kept” (Gulath., 126).[82]
“When two daughters inherit from their father, and one has a daughter
and the other a son, the son can redeem (the land) from his kinswomen
according to law. But if this son has only daughters, while the daughter
of his mother’s sister has a son, he can redeem the land from them for
the same sum as was paid to his mother. Then the land shall remain where
it is, for it has come three times under spindle” (Gulath., 275).
The nearest of kin inherited the property, and the rules regulating the
inheritance are these:—
“A son shall take inheritance after his father if it goes as it ought,
and an adopted son like one family-born; and if things go badly (if the
son dies) the father inherits from his son if the latter has no heir.
“The second inheritance is the one which a daughter and son’s son take,
if he and also his father are lawfully born.
“If two lawfully born son’s sons are inheritance-born, and the one’s
father is lawfully born and the other’s not, then the first shall take
the inheritance.
“Brothers who have the same father inherit from each other. When a
brother dies, the sister born of the same father gets the inheritance.
“A father’s father, and father’s brother, and brother’s son each inherit
a third.
“The sixth inheritance is taken by a brother of the same mother
(half-brother), and by a brother’s sons.
Public-domain text, read in full here on John Shaqi.
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