Part 113

"More men are great lawyers now," says Skapti, "than I thought. I must tell thee, then, that this is such good law in all points, that there is not a word to say against it; but still I thought that I alone would know this, now that Njal was dead, for he was the only man I ever knew who knew it."

Then Thorkell went back to Flosi and Eyjolf, and said that this was good law.

Then Mord Valgard's son went to the court and took witness. "I take witness to this," he said, "that I bid those neighbours on the inquest in the suit which I set on foot against Flosi Thord's son now to utter their finding, and to find it either against him or for him; I bid them by a lawful bidding before the court, so that the judges may hear it across the court."

Then the neighbours on Mord's inquest went to the court, and one uttered their finding, but all confirmed it by their consent; and they spoke thus, word for word, "Mord Valgard's son summoned nine of us thanes on this inquest, but here we stand five of us, but four have been challenged and set aside, and now witness has been borne as to the absence of the four who ought to have uttered this finding along with us, and now we are bound by law to utter our finding. We were summoned to bear this witness, whether Flosi Thord's son rushed with an assault laid down by law on Helgi Njal's son, on that spot where 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. He summoned us to utter all those words which it was lawful for us to utter, and which he should call on us to answer before the court, and which belong to this suit; he summoned us, so that we heard what he said; he summoned us in a suit which Thorgeir Thorir's son had handed over to him, and now we have all sworn an oath, and found our lawful finding, and are all agreed, and we utter our finding against Flosi, and we say that he is truly guilty in this suit. We nine men on this inquest of neighbours so shapen, utter this our finding before the Eastfirthers' Court over the head of John, as Mord summoned us to do; but this is the finding of all of us."

Again a second time they uttered their finding against Flosi, and uttered it first about the wounds, and last about the assault, but all their other words they uttered just as they had before uttered their finding against Flosi, and brought him in truly guilty in the suit.

Then Mord Valgard's son went before the court, and took witness that those neighbours whom he had summoned in the suit which he had set on foot against Flosi Thord's son had now uttered their finding, and brought him in truly guilty in the suit; he took witness to this for his own part, or for those who might wish to make use of this witness.

Again a second time Mord took witness and said, "I take witness to this that I call on Flosi, or that man who has to undertake the lawful defence which he has handed over to him, to begin his defence to this suit which I have set on foot against him, for now all the steps and proofs have been brought forward which belong by law to this suit; all witness borne, the finding of the inquest uttered and brought in, witness taken to the finding, and to all the steps which have gone before; but if any such thing arises in their lawful defence which I need to turn into a suit against them, then I claim the right to set that suit on foot against them. I bid this my lawful bidding before the court, so that the judges may hear."

"It gladdens me now, Eyjolf," said Flosi, "in my heart to think what a wry face they will make, and how their pates will tingle when thou bringest forward our defence."

ENDNOTES:

(1) John for a man, and Gudruna for a woman, were standing names in the Formularies of the Icelandic code, answering to the "M or N" in our Liturgy, or to those famous fictions of English law, "John Doe and Richard Roe." (2) "Gossipry," that is, because they were gossips, "God's sib", relations by baptism.

142. OF EYJOLF BOLVERK'S SON

Then Eyjolf Bolverk's son went before the court, and took witness to this, "I take witness that this is a lawful defence in this cause, that ye have pleaded the suit in the Eastfirthers' Court, when ye ought to have pleaded it in the Northlanders' Court; for Flosi has declared himself one of the Thingmen of Askel the Priest and here now are those two witnesses who were by, and who will bear witness that Flosi handed over his priesthood to his brother Thorgeir, but afterwards declared himself one of Askel the Priest's Thingmen. I take witness to this for my own part, and for those who may need to make use of it."

Again Eyjolf took witness, "I take witness," he said, "to this, that I bid Mord who pleads this suit, or the next of kin, to listen to my oath, and to my declaration of the defence which I am about to bring forward; I bid him by a lawful bidding before the court, so that the judges may hear me."

Again Eyjolf took witness, "I take witness to this, that I swear an oath on the book, a lawful oath, and say it before God, that I will so defend this cause, in the most truthful, and most just, and most lawful way, so far as I know, and so fulfil all lawful duties which belong to me at this Thing."

Then Eyjolf said, "These two men I take to witness that I bring forward this lawful defence that this suit was pleaded in another Quarter Court, than that in which it ought to have been pleaded; and I say that for this sake their suit has come to naught; I utter this defence in this shape before the Eastfirthers' Court."

After that he let all the witness be brought forward which belonged to the defence, and then he took witness to all the steps in the defence to prove that they had all been duly taken.

After that Eyjolf again took witness and said, "I take witness to this, that I forbid the judges, by a lawful protest before the priest, to utter judgment in the suit of Mord and his friends, for now a lawful defence has been brought before the court. I forbid you by a protest made before a priest; by a full, fair, and binding protest; as I have a right to forbid you by the common custom of the Althing, and by the law of the land."

After that be called on the judges to pronounce for the defence.

Then Asgrim and his friends brought on the other suits for the burning, and those suits took their course.

143. THE COUNSEL OF THORHALL ASGRIM'S SON

Now Asgrim and his friends sent a man to Thorhall, and let him be told in what a strait they had come.

"Too far off was I now," answers Thorhall, "for this cause might still not have taken this turn if I had been by. I now see their course that they must mean to summon you to the Fifth Court for contempt of the Thing. They must also mean to divide the Eastfirthers Court in the suit for the burning, so that no judgment may be given, for now they behave so as to show that they will stay at no ill. Now shalt thou go back to them as quickly as thou canst, and say that Mord must summon them both, both Flosi and Eyjolf, for having brought money into the Fifth Court, and make it a case of lesser outlawry. Then he shall summon them with a second summons for that they have brought forward that witness which had nothing to do with their cause, and so were guilty of contempt of the Thing; and tell them that I say this, that if two suits for lesser outlawry hang over one and the same man, that he shall be adjudged a thorough outlaw at once. And for this ye must set your suits on foot first, that then ye will first go to trial and judgment."

Now the messenger went his way back and told Mord and Asgrim.

After that they went to the Hill of Laws, and Mord Valgard's son took witness. "I take witness to this that I summon Flosi Thord's son, for that he gave money for his help here at the Thing to Eyjolf Bolverk's son. I say that he ought on this charge to be made a guilty outlaw, for this sake alone to be forwarded or to be allowed the right of frithstow (1), if his fine and bail are brought forward at the execution levied on his house and goods, but else to become a thorough outlaw. I say all his goods are forfeited, half to me and half to the men of the Quarter who have the right by law to take his goods after he has been outlawed. I summon this cause before the Fifth Court, whither the cause ought to come by law; I summon it to be pleaded now and to full outlawry. I summon with a lawful summons. I summon in the hearing of all men at the Hill of Laws."

With a like summons he summoned Eyjolf Bolverk's son, for that he had taken and received the money, and he summoned him for that sake to the Fifth Court.

Again a second time he summoned Flosi and Eyjolf, for that sake that they had brought forward that witness at the Thing which had nothing lawfully to do with the cause of the parties, and had so been guilty of contempt of the Thing; and he laid the penalty for that at lesser outlawry.

Then they went away to the Court of Laws, there the Fifth Court was then set.

Now when Mord and Asgrim had gone away, then the judges in the Eastfirthers' Court could not agree how they should give judgment, for some of them wished to give judgment for Flosi, but some for Mord and Asgrim. Then Flosi and Eyjolf tried to divide the court, and there they stayed, and lost time over that while the summoning at the Hill of Laws going on. A little while after Flosi and Eyjolf were told that they had been summoned at the Hill of Laws into the Fifth Court, each of them with two summons. Then Eyjolf said, "In an evil hour have we loitered here while they have been before us in quickness of summoning. Now hath come out Thorhall's cunning, and no man is his match in wit. Now they have the first right to plead their cause before the court, and that was everything for them; but still we will go to the Hill of Laws, and set our suit on foot against them, though that will now stand us in little stead."