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).
The breaking of a betrothal by either party was severely punished, and the laws on the subject were strict.
“If a man will not take his betrothed he shall be summoned home to take her, and a day be fixed. Thereupon he shall be summoned to the Thing because he flees from his betrothed. Then the thingmen shall make him an outlaw, and he is called a runaway (fudflogi)” (Gulath., 51).
“If a man wants a better match, the father shall betroth his daughter himself if she is a maiden, and the brother shall do it if the father is dead. If the father will not give his daughter to the man to whom she has been betrothed, he shall be summoned home and a day be fixed on which he shall have his betrothed. If the betrother will not let him have her, he shall demand the dowry of his betrothed, and summon him to the Thing for robbery; then the thingmen have to outlaw him. The maiden has no power in this matter, if she does not draw back from the marriage herself. The man who has charge of the betrothed woman may keep her from the betrothed man for a twelvemonth. A widow may betroth herself, but shall take the advice of her kinsmen; then she cannot break her troth. If she has not taken the advice of her kinsmen, she may break it and pay three marks for the breach of faith to the one who was betrothed to her. If a man betroths to a man a woman over whom he has no betrothing power, he shall pay three marks to the one who was betrothed to her. Two or more brothers shall have power over their sister; if one of them betroths her to a man, and the others object, then they shall draw lots who of them shall rule; if the one who betrothed her draws the lot, the betrothal shall be kept, otherwise not, and then the betrother shall pay three marks for breach of faith” (Earlier Gulathing’s Law, c. 51).
The length of the betrothal, if no special agreement had been made, was limited to twelve months, that being the longest time that a woman’s guardian could defer a marriage against the will of her future husband. Three years seems to have been the longest delay allowed; during that time the woman was said to sit as betrothed, if the suitor was away and did not return within that time the agreement was void, and the woman was free to marry another man.
“Björn now rode to Borg to see his kinsman Skúli. When they met, Björn told him that he wished above all to get Oddny Thorkel’s daughter before he left. Skúli asked if he had said anything about it to her. Björn answered he had certainly done so. Then let us go, said Skúli; and they went. They came to Hjörsey, and saw Thorkel and his daughter Oddny. Björn then told him the state of his feelings, and asked Oddny in marriage. Thorkel took it well, and referred it altogether to his daughter’s decision. As Björn had been known to her before, and they had loved each other very fondly, she consented. Then the betrothal was performed at once, and she was to sit betrothed for three winters. And even if Björn, while staying in the same country (Iceland), was prevented from marrying her, she was to wait for him nevertheless during a fourth winter. If he should not come back from Norway in three winters, Thorkel was to give her in marriage if he liked. Also Björn was to send men to Iceland to renew the betrothal if he could not come himself. Skúli contributed as part of the contract so much property with Björn that it was as much as all the property which Thorkel added to his daughter’s mund”[[12]] (Björn Hitdælakappi’s Saga).
The betrothed who without valid reason did not fulfil her engagement, and the giver-away who kept back the betrothed woman, were outlawed. If she of her free will took another man than her betrothed, both she and the giver-away were outlawed.
“If a man betroths a woman he shall have her married within twelve months if no necessity hinders” (Frostath., iii. 12).
“The giver-away of a woman may keep her from her betrothed man for twelve months” (Gulathing’s Law, 51).