Part 111

"Keep thy peace about it," says Eyjolf, "and then we shall be sure to gain our point."

Now Mord took witness, and bade all those men who had suits of outlawry before the court to cast lots who should first plead or declare his suit, and who next, and who last; he bade them by a lawful bidding before the court, so that the judges heard it. Then lots were cast as to the declarations, and he, Mord, drew the lot to declare his suit first.

Now Mord Valgard's son took witness the second time, and said, "I take witness to this, that I except all mistakes in words in my pleading, whether they be too many or wrongly spoken, and I claim the right to amend all my words until I have put them into proper lawful shape. I take witness to myself of this."

Again Mord said, "I take witness to this, that I bid Flosi Thord's son, or any other man who has undertaken the defence made over to him by Flosi, to listen for him to my oath, and to my declaration of my suit, and to all the proofs and proceedings which I am about to bring forward against him; I bid him by a lawful bidding before the court, so that the judges may hear it across the court."

Again Mord Valgard's son said, "I take witness to this, that I take an oath on the book, a lawful oath, and I say it before God, that I will so plead this suit in the most truthful, and most just and most lawful way, so far as I know; and that I will bring forward all my proofs in due form, and utter them faithfully so long as I am in this suit."

After that he spoke in these words, "I have called Thorodd as my first witness, and Thorbjorn as my second; I have called them to bear witness that I gave notice of an assault laid down by law against Flosi Thord's son, on that spot where he, Flosi Thord's son, rushed with an assault laid down by law on Helgi Njal's son, when Flosi Thord's son wounded Helgi Njal's son with a brain, or a body, or a marrow wound, which proved a death-wound, and from which Helgi got his death. I said that he ought to be made in this suit a guilty man, an outlaw, not to be fed, not to be forwarded, not to be helped or harboured in any need; I said that all his goods were forfeited half to me and half to the men of the Quarter who have the right by law to take the goods which he has forfeited; I gave notice of the suit in the quarter Court into which the suit ought by law to come; I gave notice of that lawful notice; I gave notice in the hearing of all men at the Hill of Laws; I gave notice of this suit to be pleaded now this summer, and of full outlawry against Flosi Thord's son. I gave notice of a suit which Thorgeir Thorir's son had handed over to me; and I had all these words in my notice which I have now used in this declaration of my suit. I now declare this suit of outlawry in this shape before the court of the Eastfirthers over the head of John, as I uttered it when I gave notice of it."

Then Mord spoke again, "I have called Thorodd as my first witness, and Thorbjorn as my second. I have called them to bear witness that I gave notice of a suit against Flosi Thord's son for that he wounded Helgi Njal's son with a brain or a body, or a marrow wound, which proved a death-wound, and from which Helgi got his death. I said that he ought to be made in this suit a guilty man, an outlaw, not to be fed, not to be forwarded, not to be helped or harboured in any need; I said that all his goods were forfeited, half to me and half to the men of the Quarter who have the right by law to take the goods which he has forfeited; I gave notice of the suit in the Quarter Court into which the suit ought by law to come; I gave notice of that lawful notice; I gave notice in the hearing of all men at the Hill of Laws; I gave notice of this suit to be pleaded now this summer, and of full outlawry against Flosi Thord's son. I gave notice of a suit which Thorgeir Thorir's son had handed over to me; and I had all these words in my notice which I have now used in this declaration of my suit. I now declare this suit of outlawry in this shape before the court of the Eastfirthers over the head of John, as I uttered it when I gave notice of it."

Then Mord's witnesses to the notice came before the court, and spake so that one uttered their witness, but both confirmed it by their common consent in this form, "I bear witness that Mord called Thorodd as his first witness, and me as his second, and my name is Thorbjorn" -- then he named his father's name -- "Mord called us two as his witnesses that he gave notice of an assault laid down by law against Flosi Thord's son when he rushed on Helgi Njal's son, in that spot where Flosi Thord's son dealt Helgi Njal's son a brain, or a body, or a marrow wound, that proved a death-wound, and from which Helgi got his death. He said that Flosi ought to be made in this suit a guilty man, an outlaw, not to be fed, not to be forwarded, not to be helped or harboured by any man; he said that all his goods were forfeited, half to himself and half to the men of the Quarter who have the right by law to take the goods which he had forfeited; he gave notice of the suit in the Quarter Court into which the suit ought by law to come; he gave notice of that lawful notice; he gave notice in the hearing of all men at the Hill of Laws; he gave notice of this suit to be pleaded now this summer, and of full outlawry against Flosi Thord's son. He gave notice of a suit which Thorgeir Thorir's son had handed over to him. He used all those words in his notice which he used in the declaration of his suit, and which we have used in bearing witness; we have now borne our witness rightly and lawfully, and we are agreed in bearing it; we bear this witness in this shape before the Eastfirthers' Court over the head of John, as Mord uttered it when he gave his notice."

A second time they bore their witness of the notice before the court, and put the wounds first and the assault last, and used all the same words as before, and bore their witness in this shape before the Eastfirthers' Court just as Mord uttered them when he gave his notice.

Then Mord's witnesses to the handing over of the suit went before the court, and one uttered their witness, and both confirmed it by common consent, and spoke in these words, "That those two, Mord Valgard's son and Thorgeir Thorir's son, took them to witness that Thorgeir Thorir's son handed over a suit for manslaughter to Mord Valgard's son against Flosi Thord's son for the slaying of Helgi Njal's son; he handed over to him then this suit, with all the proofs and proceedings which belonged to the suit, he handed it over to him to plead and to settle, and to make use of all rights as though he were the rightful next of kin: Thorgeir handed it over lawfully, and Mord took it lawfully."

They bore witness of the handing over of the suit in this shape before the Eastfirther's Court over the head of John, just as Mord or Thorgeir had called them as witnesses to prove.

They made all these witnesses swear on oath ere they bore witness, and the judges too.

Again Mord Valgard's son took witness. "I take witness to this," said he, "that I bid those nine neighbours whom I summoned when I laid this suit against Flosi Thord's son, to take their seats west on the river-bank, and I call on the defendant to challenge this request, I call on him by a lawful bidding before the court so that the judges may hear."

Again Mord took witness. "I take witness to this, that I bid Flosi Thord's son, or that other man who has the defence handed over to him, to challenge the inquest which I have caused, to take their seats west on the river-bank. I bid thee by a lawful bidding before the court so that the judges may hear."

Again Mord took witness. "I take witness to this, that now are all the first steps and proofs brought forward which belong to the suit. Summons to bear my oath, oath taken, suit declared, witness borne to the notice, witness borne to the handing over of the suit, the neighbours on the inquest bidden to take their seats, and the defendant bidden to challenge the inquest. I take this witness to these steps and proofs which are now brought forward, and also to this that I shall not be thought to have left the suit though I go away from the court to look up proofs, or on other business."

Now Flosi and his men went thither where the neighbours on the inquest sate.

Then Flosi said to his men, "The sons of Sigfus must know best whether these are the rightful neighbours to the spot who are here summoned."

Kettle of the Mark answered, "Here is that neighbour who held Mord at the font when he was baptized, but another is his second cousin by kinship."

Then they reckoned up his kinship, and proved it with an oath.

Then Eyjolf took witness that the inquest should do nothing till it was challenged.

A second time Eyjolf took witness, "I take witness to this," said he, "that I challenge both these men out of the inquest, and set them aside" -- here he named them by name, and their fathers as well -- "for this sake, that one of them is Mord's second cousin by kinship, but the other for gossipry (2), for which sake it is lawful to challenge a neighbour on the inquest; ye two are for a lawful reason incapable of uttering a finding, for now a lawful challenge has overtaken you, therefore I challenge and set you aside by the rightful custom of pleading at the Althing, and by the law of the land; I challenge you in the cause which Flosi Thord's son has handed over to me."

Now all the people spoke out, and said that Mord's suit had come to naught, and all were agreed in this that the defence was better than the prosecution.

Then Asgrim said to Mord, "The day is not yet their own, though they think now that they have gained a great step; but now some one shall go to see Thorhall my son, and know what advice he gives us."

Then a trusty messenger was sent to Thorhall, and told him as plainly as he could how far the suit had gone, and how Flosi and his men thought they had brought the finding of the inquest to a dead lock.

"I will so make it out," says Thorhall, "that this shall not cause you to lose the suit; and tell them not to believe it, though quirks and quibbles be brought against them, for that wiseacre Eyjolf has now overlooked something. But now thou shalt go back as quickly as thou canst, and say that Mord Valgard's son must go before the court, and take witness that their challenge has come to naught," and then he told him step by step how they must proceed.

The messenger came and told them Thorhall's advice.

Then Mord Valgard's son went to the court and took witness. "I take witness to this," said he, "that I make Eyjolf's challenge void and of none effect; and my ground is, that he challenged them not for their kinship to the true plaintiff, the next of kin, but for their kinship to him who pleaded the suit; I take this witness to myself, and to all those to whom this witness will be of use."

After that he brought that witness before the court.