Laws of Early Iceland

Gragas II

Andrew Dennis, Peter Foote

• Publisher: University of Manitoba Press
• Year: 2000
• ISBN:
  9780887552564
• Edition: 1
• Topic: History
• Subtopic: European Medieval History
• Index: History

The laws of Medieval Iceland provide detailed and fascinating insight into the society that produced the Icelandic sagas. Known collectively as Gragas (Greygoose), this great legal code offers a wealth of information about early European legal systems and the society of the Middles Ages. This first translation of Gragas, Laws of Early Iceland, is in two volumes.

THE CODEX REGIUS OF GRÁGÁS IN TRANSLATION II

TABLE

An outline of the inheritance sequence

The fourteen classes “law-listed to inherit” run in this sequence:

1. Legitimate son.
2. Legitimate daughter.
3. Father.
4. Legitimate brother born of the same father.
5. Mother.
6. Legitimate sister born of the same father.
7. Legitimate brother born of the same mother.
8. Legitimate sister born of the same mother.
9. Illegitimate son.
10. Illegitimate daughter.
11. Illegitimate brother born of the same father.
12. Illegitimate sister born of the same father.
13. Illegitimate brother born of the same mother.
14. Illegitimate sister born of the same mother.

A single heir in any precedent class excluded all succeeding classes. The inheritance was divided equally among all heirs in the qualifying class.

If no heirs existed in these fourteen classes, the inheritance passed in equal shares to the following groups and in the sequence given, but members of these groups only qualified as heirs if they were of legitimate birth:

15. Paternal and maternal grandfather, son’s son and daughter’s son.
16. Paternal and maternal grandmother, son’s daughter and daughter’s daughter.
17. Paternal and maternal uncle, brother’s son and sister’s son.
18. Paternal and maternal aunt, brother’s daughter and sister’s daughter.
19. The last class consisted of first cousins. If they existed on both sides, paternal and maternal, the inheritance was divided into two, and the cousins on each side took equal shares of the half that fell to them.

In the absence of any heir in all these classes, the inheritance went to the closest legitimate kinsman. If there were more than one equally close, it was divided equally among them.

INHERITANCE SECTION¹

K § 118; p. 218

Inheritance sequence of legitimate kin

A son free born and a lawful heir is to inherit on the death of his father and mother. If a son does not exist, then a daughter is to inherit. If a daughter does not exist, then the father is to inherit, then a brother born of the same father, then the mother. If she does not exist, then a sister born of the same father is to inherit. If she does not exist, then a brother born of the same mother is to inherit. If he does not exist, then a sister born of the same mother is to inherit.

²After a sister born of the same mother and legitimate . . . and so on to ... to inherit.³

A killing case lies with an illegitimate son . . . and so on to . . . after a dependent.⁴

Inheritance by close illegitimate kin

If (p. 219) she⁵ does not exist, then an illegitimate son is to inherit. If he does not exist, then an illegitimate daughter is to inherit. If she does not exist, then an illegitimate brother born of the same father is to inherit. If he does not exist, then an [illegitimate] sister born of the same father is to inherit. If she [does] not exist, then an [illegitimate] brother born of the same mother is to inherit. If he does not exist, then an illegitimate sister born of the same mother is to inherit.

Remoter heirs must be legitimate

From there on only persons born legitimate stand to inherit.⁶ Father’s father and mother’s father, son’s son and daughter’s son stand next to inherit. Next to them father’s mother and mother’s mother, son’s daughter and daughter’s daughter have the right to inherit. Then come father’s brother and mother’s brother, brother’s son and sister’s son. Finally father’s sister and mother’s sister, brother’s daughter and sister’s daughter inherit.

If these people do not exist. . . and so on to⁷ . . . (p. 220) [he takes] half and they take half.⁸

From there on the closest kinsman always stands to inherit. If there are several equally close who have the right to inherit, it shall be equally divided among all the branches, and a branch is counting from brothers and sisters.⁹ If a man and a woman are equally close, then in that case the man is always to inherit. If women are closest, then in that case there is also division of the inheritance among them.¹⁰

Those people are the fourteen who [are called] listed ...¹¹

A new law. If sons are born lawful heirs, then ...¹²

If one or the other dies, father ...¹³

It is also prescribed that where a mother¹⁴ makes a gift to her son¹⁵

If that man inherits . . . and so on to¹⁶ ... (p. 221) kinship was mistaken.¹⁷

Lifetime gifts to children treated as an advance of inheritance

If men have given property to their sons for travel abroad or for a bride-price¹⁸ and likewise if a father has added to a son’s means before he was sixteen winters old, then the others are to take out from the undivided inheritance what that amounted to when he was sixteen winters. Then each of them is to take out the same amount from the property when the inheritance falls to them. Now several have had property given them or their means added to, but some more than others, then they are to share as if the same amount had been given to each or added to their means. After the inheritance falls to them, they are to claim without interest the difference made thereby between them. If a bigger difference has been made between them than makes it possible to even up their shares in the inheritance, they have the right to claim as much as their share is short from those who had already drawn on the property.

It is also prescribed that where sisters inherit on the death of their father or mother and some of them were previously dowered and some not, then from the undivided inheritance the latter are to take out the same amount without interest as the former had already had, and indeed it is to go with them as with brothers, in the way rehearsed earlier, whatever difference is and has been made thereby between them.

Mother’s rights on death of childless offspring

On the death of a daughter of hers who dies childless a mother has the right to take out as much as she dowered her with and also the bride-price which then came to hand, without interest,¹⁹ and her children have the same right in advance of the father. Now whoever gives towards a woman’s dowry, then on her death without children he shall (p. 222) take what he gave and likewise the counter-payment²⁰ as long as he publishes it at the betrothal or at the marriage.²¹

If a mother gives property to her son for travel abroad or for a brideprice, then on his death without children she has the right to take what she gave, without interest, and her children have the same right in advance of the father.

Not all men are lawful heirs even though they are freeborn.²²

A lawful heir

A man is not a lawful heir whose mother is...

Table of contents

• Cover
• Half Title Page
• Title Page
• Copyright Page
• Contents
• Preface
• Introduction
• The Codex Regius of Grágás in Translation II
• Additions
• Guide to Technical Vocabulary
• Sources, Editions, Translations, Concordances
• Abbreviated Titles
• Key to Material Included or Cited from Sources Other Than Konungsbók
• Terms and Topics Commented on in Notes to the Translations
• Index of Names
• Corrigenda et Addenda to Laws I