Saga - 1982, Page 131

ÞORLÁKSSKRIFTIR OG HJÚSKAPUR
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H-J. Schmitz (1883), Die Bussbucher und die Bussdisciplin der Kirche. Mainz.
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SUMMARY
The Penitential of St. Þorlákur and Marriage in
12th and 13th Century Iceland.
^orlákur Þórhallsson, declar'ed saint by the Alþing in 1198, was for fifteen years
(H78—H93) bishop of Skálholt. His penitential contains detailed regulations ad-
v°cating monogamy and prohibiting endogamy. Late 12th century letters to Ice-
'and from the archbishop of Niðarós severely reprimanded the frivolous conduct
°f the Iceland chieftains. This and the penitential indicate that marital customs in
lceland at the time did not conform to the rules of the church. Narrative sources tell
about two rather striking cases. On the one hand Bishop Klængur Þorsteinsson of
Skálholt (1152—1176) fathered a child, probably after 1161, which led to his
^cposition. This case is in part reflected in letters of Archbishop Eysteinn Erlends-
SOn °f Niðarós and in decretals of Pope Alexander III to the archbishop. On the
other hand, Bishop Þorlákur’s sister was the concubine of one of Iceland’s most
Powerful chieftains, ignoring her brother’s protests. Changes in marital customs in
'celand during the 12th and 13th centuries are clearly reflected in the church laws.
The older laws, dating from 1122—1133, do not mention marriage, whereas the
Vounger laws, dating from about 1275, contain detailed rules. Several of the sagas
reveal the changes, both as reflection and propaganda, and can be shown to be
sensitive to canonical rules dealing with legal, christian marriage.