The Canon Law of Emergency Baptism and of Marriage in Medieval Iceland and Europe

  • Anders Winroth Yale University
Keywords: Grágás, Kristinna laga þáttr, Kristinréttur Árna biskups Þorlákssonar, canon law, Gratian, Corpus iuris canonici, Bréfabók of Bishop Jón Vilhjálmsson, emergency baptism, spiritual kinship

Abstract

In this article, the Icelandic Church Law on emergency baptism and marriage is considered in the context of how general European law on the same subjects developed in the Middle ages. the result is that while the Kristinréttur of Bishop Árni Þorláksson from 1275 is a good reflection of contemporary European canon law, the relation between the Kristinna laga þáttr of Grágás, allegedly compiled in c. 1123, and contemporary canon law, is more difficult to pinpoint. Differences among the several manuscripts of this þáttr may, however, be explained with reference to developments in European canon law. The article also examines a marriage case adjudicated in 1429 by Bishop Jón Vilhjálmsson of Hólar, demonstrating that the bishop, as far as we are able to judge, followed not only valid Icelandic law but also European canon law.

Published
2021-01-05
Section
Articles