“A gift given to a woman shall be her property, in whatever manner she may be separated. All the property of a maiden shall be valued, loose property against loose property, but one half of a widow’s property shall be valued. The valuation shall be lawful in every case except two—if she dies childless or leaves him without a protector” (Gulath., 54).
The only certain examples of polygamy[[35]] occur among the great chiefs, such as Harald Fairhair. Harald Hardradi had two wives, Elizabeth, the daughter of the King of Gardaríki, and Thora, the daughter of a Norwegian chief; both enjoyed the name of queen.
The husband was obliged to protect his wife, and take as much care of her honour as of his own.
“Now is about the rights of women. Every man has claim on behalf of his wife. A Hauld owns three marks if she is struck; but a widow shall have the same rétt as her last husband (had), and the one she wishes shall prosecute. But if a maiden is struck, her nearest kinsman shall claim her rétt as if it were his own. But if she is to have it herself, the right plaintiff shall summon a Thing” (Earlier Frostathing’s Law, x., c. 37).
The following laws show how strict people were in regard to kisses:—
“If a man kisses a woman (belonging to another) secretly, with her will, he is liable to pay three marks, and the one who would have to prosecute for seduction has to prosecute. If she gets angry at it, she may prosecute herself, and the man is then liable to lesser outlawry. If a man kisses a man’s wife secretly, he is liable to lesser outlawry whether she allows it or refuses it. Nine neighbours are to be called as witnesses to this at the Thing.... If a man puts on a fald or woman’s clothes to deceive a woman, he is liable to lesser outlawry”[[36]] (Gragas, i. 337).
“If a man makes a song of love[[37]] on a woman, he is to be outlawed. If the woman is twenty years or older, she shall prosecute the case herself. But if she is younger, or will not prosecute, her legal guardian has to do it” (Gragas, vol. ii., p. 150).
Women’s rights appear to have been not altogether unknown even in these early days; for women who got their own livelihood and whose kinsmen did not trouble themselves about their support, were their own masters.
“If kinsmen will not take proper care of women, and they (the women) get their living themselves, then they shall rule over themselves as they like” (Frostath., xi. 17).