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
“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).
Public-domain text, read in full here on John Shaqi.
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