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Abstract
Guardianship of underage inheritors was an essential mechanism of property devolution in medieval Nordic societies. Although poised to obtain heritable assets by rules of descent and distribution, minors were subject to the control of guardians, who protected and managed their property and distributed their material nurturance from their capital until they reached majority. Despite ample and elaborate clauses pertaining to guardianship in Nordic legislation from the twelfth and thirteenth centuries, scholarship has largely overlooked its predications and procedures, and thus underappreciated an important feature of Nordic inheritance law. Shedding light on these themes, this article reconstructs the normative model of guardianship as presented in west-Nordic laws, those being the Grágás laws of Free State Iceland and the Norwegian provincial codes of the Law of Gulathing and the Law of Frostathing, as well as the consolidated legislation of the late-thirteenth century, including the Law of the Realm (1274) and Icelandic Jónsbók. Comparison between the Icelandic and Norwegian paradigms reveals that although they were in many respects related, nuances between them reflect fundamental differences in those societies’ customs for property devolution. Secondary comparison with other Nordic and Roman models also highlight both particularities and similarities between Norse and foreign laws of inheritance.
The Norwegian-Scottish Frontier c. 1260-1470
Series:
The Northern World, Volume: 79
Author:
In Frontiers for Peace in the Medieval North. The Norwegian-Scottish Frontier c. 1260-1470, Ian Peter Grohse examines social and political interactions in Orkney, a Norwegian-held province with long and intimate ties to the Scottish mainland. Commonly portrayed as the epicentre of political tension between Norwegian and Scottish fronts, Orkney appears here as a medium for diplomacy between monarchies and as an avenue for interface and cooperation between neighbouring communities. Removed from the national heartlands of Scandinavia and Britain, Orcadians fostered a distinctly local identity that, although rooted in Norwegian law and civic organization, featured a unique cultural accent engendered through Scottish immigration. This study of Orcadian experiences encourages greater appreciation of the peaceful dimensions of pre-modern European frontiers.
The Norwegian-Scottish Frontier c. 1260-1470
Series:
The Northern World, Volume: 79
Author:
In Frontiers for Peace in the Medieval North. The Norwegian-Scottish Frontier c. 1260-1470, Ian Peter Grohse examines social and political interactions in Orkney, a Norwegian-held province with long and intimate ties to the Scottish mainland. Commonly portrayed as the epicentre of political tension between Norwegian and Scottish fronts, Orkney appears here as a medium for diplomacy between monarchies and as an avenue for interface and cooperation between neighbouring communities. Removed from the national heartlands of Scandinavia and Britain, Orcadians fostered a distinctly local identity that, although rooted in Norwegian law and civic organization, featured a unique cultural accent engendered through Scottish immigration. This study of Orcadian experiences encourages greater appreciation of the peaceful dimensions of pre-modern European frontiers.