Women in the Viking Age, Part 2 (Law)

In general, women still lacked an independent legal status, similar to the condition for “Thralls.” Legal affairs were generally conducted through a guardian, such as her husband, father, or nearest male kin. Yet, despite facing such restrictions, women in Iceland held more rights than in any other Scandinavian or continental law codes. Women managed their households in husband’s absence, and they always managed indoor activities, such as feasts and gatherings. Women could even hire and fire servants without consulting the husband first. Most notably, women held unofficial power during feuds, but this is something we will discuss later.

Contents:

1. Legal Representation
2. Marriage and Divorce
3. Inheritance

On Legal Representation

Women were not permitted to attend a þing (assembly). Those who typically went to a þing were free men, but only those who could pay the þingfararkaup (Thing attendance payment). Those who could go were based on having a debt-free cow or a net or a boat. So, a woman would have been represented by her male kinsmen, often referred to as her lǫgráðandi (legal guardian). Here is an analysis of this legal situation by William Ian Miller:

“Several juridical disablements also attended the female sex. In matters of inheritance a woman was postponed to males in the same degree of kinship from the decedent. She was not eligible for Thing participation, and if she headed a household, which, it seems, was not unusual, the laws prescribed five men who could represent the household on a panel of neighbors: her husband, son, stepson, her daughter’s husband, and her fosterson (Grágás Ia 160-161, II 322).” (Miller, 27)

A note on households: They were the basic unit of society. Women could also be the heads of a household. Sometimes they even shared in headship with their husband or another kin. A household then generally had at least one householder, but could have more. Yet, the representative of the household, in terms of the law, would have still been the male or male representatives.

On Marriage and Divorce

According to the law alone, women had little say in marriage. If she was widowed or unmarried, the legal guardian was also her fastnandi, the person empowered to give her in marriage and whose agreement was necessary for a valid marriage. This is not exactly so strict, for the saga reveal that some women were included in decisions about marriage.

Overall, marriage was not seen as strictly between two people, but rather the two kin groups joining together. Bonds via marriage equally important as the bonds of blood. For this reason, kin were heavily involved in marriage proposals and negotiations. It was regarded that marriages without counsel often lead to bad things, and this is also seen in the sagas. Marriage, therefore, was much more of a social process in its own right. Icelandic law was not embedded in kinship and marriage; it stood on its own.

As for divorce, marriage was seen as a contract, not a sacrament. Women had the power to divorce, but usually done under the advice and counsel of her kin beforehand. A husband could use any reason for divorce, although the community could perceive it as abandonment if done carelessly. A woman, however, needed a good and valid reason for divorce. On such reason may be ill-treatment, which would be more than three beatings.

Here is an example of a woman named Unn being told the divorce procedure in Njal’s saga, which consisted of a three-fold divorce procedure from the woman’s side. [Three declarations: at the bed, the main door, and the Law Rock (at the Althing).]:

“When you’re ready, go to your bed with the men who are to travel with you, and at your husband’s bedside name witnesses and declare yourself legally divorced from him, as is allowable according to the rules of the Althing and the law of the land. You must repeat the naming of witnesses at the men’s door. …He then went to Law Rock and declared them legally divorced.” (Njal, 16-17)

On Inheritance

In short, matters of inheritance were postponed to males in the same degree of kinship from the decedent. In other words, the male kin were favored over women when it came to inheriting land or goods. Yet, this is not the end of the story. Although laws show a bias for male links (a preference for male links within the first-cousin level), daughters still retained the right to parental properties in inheritance via dowry. Even in divorce this could be maintained since they were still connected to their previous kin-group. 

It is a bit more of a complicated situation, one with exceptions and special conditions, but it was a possibility, if one was able to play their cards correctly. The height of possibilities could actually get quite high. See here:

“…a chieftaincy could pass to a woman via inheritance; she was, however, disabled from discharging its duties. Should a chieftaincy fall to a woman, she was to transfer it to a male who was a member of that local Thing who was then to fulfill the duties associated with the position.” (Miller, 24)

Although a women could obtain a chieftaincy, therefore becoming a chieftain, she was not legally capable of ruling as one. This is why a woman could achieve great status, but could only “rule” indirectly through her kin that would take legal control.

Terms:

1. lǫgráðandi – A woman’s legal guadrian; her representative in the eyes of the law.
2. fastnandi – Often the same person as the lǫgráðandi, but in matters of marriage.

Wrap-up:

Women were not permitted to attend a þing (assembly). A woman would have been represented by her male kinsmen, often referred to as her lǫgráðandi (legal guardian). The legal guardian was also often her fastnandi, the person empowered to give her in marriage and whose agreement was necessary for a valid marriage. A woman could divorce, however, she needed a good and valid reason for it. The process included three declarations: at the bed, the main door, and the Law Rock. For inheritance, although laws show a bias for male links (a preference for male links within the first-cousin level), daughters still retained the right to parental properties via dowry. A women could inherit a chieftaincy, but she was not legally capable of directly ruling as one.

“In spite of these rather serious disablements, the Icelandic laws accorded women, both single and married, substantially more rights in property than other Scandinavian or continental codes.” (Miller, 27)

Next week’s lesson: Women in the Viking Age, Part III: Were Women “Vikings”? [multi-part lesson series]

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Sources

1. Jennifer Dukes-Knight, “Women,” Lecture, Viking History, University of South Florida, 2015.
2. Robert Cook trans., Njal’s Saga. (London: Penguin Classics, 2001), 16-17.
3. William Ian Miller, Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland. (Chicago: University of Chicago Press, 1990), 24, 27. [Really, this whole book.]