…still waiting for a clever title…

Laws of Early Iceland: Grágás II
Translated and Edited by Andrew Dennis, Peter Foote and Richard Perkins
The University of Manitoba Press
$74.95

Grágás II is the second volume of the translation of medieval Icelandic legal code. For close to two centuries this code was the responsibility of the Lawspeaker to memorize, and then proclaim it publicly. It was not until Christian missionaries in the early 11th century began writing down the code that written records of the laws were kept. The two most important manuscripts of Icelandic law are collectively known as Grágás.

Grágás II is not only a translation of the laws of early Iceland, but also a very detailed look into the social history and structure of Iceland during the Middle Ages. Reading through these laws, you get a clear picture of what society was like during this time. Grágás II is the companion volume to Grágás I, which deals with Christian duties of laymen and the clergy, regulations for Christian observance, procedural rules and penalties. This volume, Grágás II, deals with family law, as well as property and contract laws.

“The Inheritance Section” describes laws dealing with inheritance. It sets out the procedures of who inherits what, and the order of heirs. The depth of the Icelandic law is impressive. This section covers bigamy and gives the heirs no legal claim to any property. Another important area that is covered is how inheritance is dealt with when the inheritor is abroad, or the deceased is abroad. This section is small, but the information contained in it is a very good examination of the family structure at that time.

“The Dependents Section” deals with the obligations a man has to his family. According to the laws:

It is so prescribed that every man here in the country has to maintain his own dependents. A man must first maintain is mother. And if he can manage more, then he is to maintain his children. If he can do better, that he is to maintain his brothers and sisters. If he can do better, then he is to maintain those people from who he has the right to inherit and those he has taken on by inheritance-trade(29).

This section is one of the most important, and the laws show the respect that was given to family structure. All these laws drive home the point that a man must take responsibility and support his family and relations as best he can.

“The Betrothals Section” is a fascinating look at the institution of marriage in early Iceland. According to the laws the age of majority for a freeborn man was sixteen winters. At that age he was seen as the rightful heir, able to take charge of his inheritance and able to give his mother in betrothal. Also covered in this section is how separations were handled if allowed. There were many reasons that were considered valid for a separation, but only a bishop could approve one. If the separation was allowed, the section spells out what responsibilities the man has toward his former wife, and her family. This section switches tone very suddenly. Immediately following the section of payments to the Law Council for leave to marry, comes a discussion about mounting and riding a horse without leave. There is no explanation for this sudden transition and even the translators are baffled by the switch.

Topics covered are not only treating horses, but treatments of the property of others. Another topic covered is how to deal with foreign traders. The laws here show the importance placed on people’s possessions, and the penalties were very high for people who did not respect what was not theirs.

“Land-Claims Section” is an in-depth look into the property rights and land claims of the period. The section covers the procedures one must go through to sell land, and how to mark boundaries. Also dealt with, in length, are disagreements over land use and property lines. Besides property rights, land improvements, and new constructions are also covered. This is illustrated by lengthy discussions of what is considered a legal wall, and where this wall could or could not be built. Hunting and fishing rights on land are covered as well. Perhaps the most interesting parts of this section was the discussion on drift rights, and the ownership of drift on a persons land. For example, a land owner had claim to anything that drifted ashore on his land. If the drift had no identifying mark of ownership, then the landowner had all legal claim to it. In the case of a whale, if the whale had no harpoon, the claim of ownership was with the landowner. However, if the landowner could not transport the whale himself and needed help, by law everyone who helped was entitled to some claim of the whale. If the whale has a harpoon, part of the whale belonged to the person who harpooned it, and then shares are given to the land owner and anyone else helping in the transport of the whale.

“On Hire of Property” deals with interest rates and debts. What interested me in this section was the fact that there was a debt court, whose sole responsibility was to prosecute people who failed to pay their debts. The section spells out ownership marks and the laws surrounding them. Everyone had a mark, and the penalty for someone knowingly disregarding a ownership mark faced severe penalties. Another area covered by this section, was the handling of stray animals. For example, if another person’s cow wandered on to your land, by law you had to contact the owner. If the owner failed to reclaim the cow, or ignored you, you would be able to claim ownership of it after one season. Since you had to care for the cow while you had possession of it the owner then had to pay you for the care. If they refused you could take the person to court and argue your claim.

“The Searches Section” is a small section that deals with the procedures of searching someone’s property in the case of theft. Besides searches, the section covers such crimes as false weights and measures, and unlawful gambling. The major thing of note in this section is the procedure you must go through when searching another’s house for your stolen property. No more than twenty men were allowed to accompany you, and no weapons could be carried. A neutral third party must be present to ensure nothing funny went on.

Another small section, “On Commune Obligations,” is important in that it spells out the local laws and procedures of communes. The laws are clear in the rights that communes have, and in the responsibilities of the members. Another small section is “On Tithe Payments,” which spells out the laws of taxation. Taxation is simple and “…all men here in Iceland shall pay a legal tithe on their property”(221). The section also deals with supporting the needy as well as the church.

“The Miscellaneous Articles” covers a wide range of topics. One of the most interesting is the laws and penalties section that deals with poetry. It was a major crime to compose a poem about anyone, no matter if the person was praised or defamed. In addition, if someone composed a poem about someone who was dead, it was considered a major crime. There are a few other interesting passages that deal with using silver as currency and the standard values. These passages offer a wealth of information and can be exploited in a gaming context.

“The Additions Section” deals with laws from other sources, and helps to clarify some of the finer points of early Icelandic law. This section is important in that it contains examples of their verbal speech. There are many examples given on how a person must speak. For example one major section deals with how a truce must be spoken, including a sample speech that a person must give when a truce is reached. This is fascinating reading and a clear example of what the speech patterns of the time were like.

There are a few appendices included in the book. One example is the “Guide to Technical Vocabulary” which is an annotated glossary that helps define the terms found in Grágás II. The entries are meaty including references to sections in the laws where the terms are used. Another nice feature is a translation guide that gives translations from English to Icelandic and Icelandic to English. This is not a comprehensive section, but it contains enough to be useful.

Laws of Early Iceland: Grágás II is a good book and worth the price for anyone interested in the laws and social structures of early Iceland. The book stands on its own well, but there are some areas that were unclear, but it is only because I do not have volume 1. The crimes of Outlawry and the penalties that proscribe to law breakers are included in volume one, and without it understanding these laws is difficult. The book is a valuable resource showing the economy of the period and the importance of family. All in all I would recommend this book to anyone interested in this time period.