Historical Background

In our period the afterlife was intimately associated with confession and penance. Only by sincere repentance for his sins and by making adequate earthly amends could the sinner expect salvation or, at least, a purgatorial state. Early in the twelfth century salvation became a significant area of theological interest. Broadly speaking there was an increasing emphasis on the sinner's responsibility for his or her own salvation. Although Christian conduct and good works remained essential for the health of the soul, it was recognised that an ordinary mortal could never fully recompense for past sins merely by words and deeds. Salvation was thus contingent on divine grace for accumulated debts, and the pre-condition for attaining grace was the person's heartfelt contrition. Such was the theological underpinning of the notion that all Christians should regularly confess their sins and perform appropriate penance. This development culminated in 1215 at the Fourth Lateran Council which stipulated that everyone should confess their sins at least once a year.

‘The Older Church Law’ (Kristniréttr inn eldri), which was incorporated into the Icelandic laws in the first half of the twelfth century, does not lay down the appropriate penance for each specific sin. Kristniréttr focus rather on the practical aspects of Christian behaviour such as baptism, burial, fasting, dietary regulation and the proper celebration of major feasts. In general punishments for minor sins mirrored those found in secular laws. For instance, a person is permitted to fish on a Sunday so long as the transgressor attends a morning service. Failure to show up at church merits a fine of three marks. Confession is mentioned in ‘The Older Church Law’ in relation to people considered unfit to be buried in a cemetery: only those who had confessed their sins to a priest or (in an emergency) to a layman were allowed to rest in hallowed ground.

Bishop Þorlákr Þórhallsson of Skálholt (1178–1193) introduced a penitential to guide the clergy within his diocese. ‘Þorlákr's Penitential’ (‘Skriftarboð Þorláks helga’) contains thirty-five decrees with penances for sins that range from working during Easter week to molesting another man's wife. The main emphasis, however, is on misdemeanours of a sexual nature.