Chapter 25

Then Thorhall said, "They will fare now as before, for they must have made a mistake, and I will soon upset their challenge and this though Eyjolf had used such big words that it was law."

Now Thorhall told the messenger plainly, step by step, how they must proceed; and the messenger came back and told Mord and Asgrim all the counsel that Thorhall had given.

Then Mord went to the court and took witness. "I take witness to this, that I bring to naught Eyjolf Bolverk's son's challenges for that he has challenged those men out of the inquest who have a lawful right to be there; every man has a right to sit on an inquest of neighbours, who owns three hundreds in land or more, though he may have no dairystock; and he too has the same right who lives by dairystock worth the same sum, though he leases no land."

Then he brought this witness before the court, and then he went whither the neighbours on the inquest were, and bade them sit down, and said they were rightfully among the inquest.

Then there was a great shout and cry and then all men said that Flosi's and Eyjolf's cause was much shaken, and now men were of one mind as to this, that the prosecution was better than the defence.

Then Flosi said to Eyjolf, "Can this be law?"

Eyjolf said he had not wisdom enough to know that for a surety, and then they sent a man to Skapti, the Speaker of the Law, to ask whether it were good law, and he sent them back word that it was surely good law, though few knew it.

Then this was told to Flosi, and Eyjolf Bolverk's son asked the sons of Sigfus as to the other neighbours who were summoned thither.

They said there were four of them who were wrongly summoned; "for those sit now at home who were nearer neighbours to the spot."

Then Eyjolf took witness that he challenged all those four men out of the inquest, and that he did it with lawful form of challenge. After that he said to the neighbours, "Ye are bound to render lawful justice to both sides, and now ye shall go before the court when ye are called, and take witness that ye find that bar to uttering your finding; that ye are but five summoned to utter your finding, but that ye ought to be nine; and now Thorhall may prove and carry his point in every suit, if he can cure this flaw in this suit."

And now it was plain in everything that Flosi and Eyjolf were very boastful; and there was a great cry that now the suit for the burning was quashed, and that again the defence was better than the prosecution.

Then Asgrim spoke to Mord, "They know not yet of what to boast ere we have seen my son Thorhall. Njal told me that he had so taught Thorhall law, that he would turn out the best lawyer in Iceland whenever it were put to the proof."

Then a man was sent to Thorhall to tell him how things stood, and of Flosi's and Eyjolf's boasting, and the cry of the people that the suit for the burning was quashed in Mord's hands.

"It will be well for them," says Thorhall, "if they get not disgrace from this. Thou shalt go and tell Mord to take witness and swear an oath, that the greater part of the inquest is rightly summoned, and then he shall bring that witness before the court, and then he may set the prosecution on its feet again; but he will have to pay a fine of three marks for every man that he has wrongly summoned; but he may not be prosecuted for that at this Thing; and now thou shalt go back."

He does so, and told Mord and Asgrim all, word for word, that Thorhall had said.

Then Mord went to the court, and took witness, and swore an oath that the greater part of the inquest was rightly summoned, and said then that he had set the prosecution on its feet again, and then he went on, "And so our foes shall have honour from something else than from this, that we have here taken a great false step."

Then there was a great roar that Mord handled the suit well; but it was said that Flosi and his men betook them only to quibbling and wrong.

Flosi asked Eyjolf if this could be good law, but he said he could not surely tell, but said the Lawman must settle this knotty point.

Then Thorkel Geiti's son went on their behalf to tell the Lawman how things stood, and asked whether this were good law that Mord had said.

"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."

Then they fared to the Hill of Laws, and Eyjolf summoned them for contempt of the Thing.

After that they went to the Fifth Court.

Now we must say that when Mord and Asgrim came to the Fifth Court, Mord took witness and bade them listen to his oath and the declaration of his suit, and to all those proofs and steps which he meant to bring forward against Flosi and Eyjolf. He bade them by a lawful bidding before the court, so that the judges could hear him across the court.

In the Fifth Court vouchers had to follow the oaths of the parties, and they had to take an oath after them.

Mord took witness. "I take witness," he said, "to this, that I take a Fifth Court oath. I pray God so to help me in this light and in the next, as I shall plead this suit as I know to be most truthful, and just, and lawful. I believe with all my heart that Flosi is truly guilty in this suit, if I may bring forward my proofs; and I have not brought money into this court in this suit, and I will not bring it. I have not taken money, and I will not take it, neither for a lawful nor for an unlawful end."

The men who were Mord's vouchers then went two of them before the court, and took witness to this -- "We take witness that we take an oath on the book, a lawful oath; we pray God so to help us two in this light and in the next, as we lay it on our honour that we believe with all our hearts that Mord will so plead this suit as he knows to be most truthful, and most just, and most lawful, and that he hath not brought money into this court in this suit to help himself, and that he will not offer it, and that he hath not taken money, nor will he take it, either for a lawful or unlawful end."

Mord had summoned nine neighbours who lived next to the Thingfield on the inquest in the suit, and then Mord took witness, and declared those four suits which he had set on foot against Flosi and Eyjolf; and Mord used all those words in his declaration that he had used in his summons. He declared his suits for outlawry in the same shape before the Fifth Court as he had uttered them when he summoned the defendants.

Mord took witness, and bade those nine neighbours on the inquest to take their seats west on the river bank.

Mord took witness again, and bade Flosi and Eyjolf to challenge the inquest.

They went up to challenge the inquest, and looked narrowly at them, but could get none of them set aside; then they went away as things stood, and were very ill pleased with their case.

Then Mord took witness, and bade those nine neighbours whom he had before called on the inquest, to utter their finding, and to bring it in either for or against Flosi.

Then the neighbours on Mord's inquest came before the court, and one uttered the finding, but all the rest confirmed it by their consent. They had all taken the Fifth Court oath, and they brought in Flosi as truly guilty in the suit, and brought in their finding against him. They brought it in such a shape before the Fifth Court over the head of the same man over whose head Mord had already declared his suit. After that they brought in all those findings which they were bound to bring in all the other suits, and all was done in lawful form.

Eyjolf Bolverk's son and Flosi watched to find a flaw in the proceedings, but could get nothing done.

Then Mord Valgard's son took witness. "I take witness," said he, "to this, that these nine neighbours whom I called on these suits which I have had hanging over the heads of Flosi Thord's son, and Eyjolf Bolverk's son, have now uttered their finding, and have brought them in truly guilty in these suits."

He took this witness for his own part.

Again Mord took witness. "I take witness," he said, "to this, that I bid Flosi Thord's son, or that other man who has taken his lawful defence in hand, now to begin their defence; for now all the steps and proofs have been brought forward in the suit, summons to listen to oaths, oaths taken, suit declared, witness taken to the summons, neighbours called on to take their seats on the inquest, defendant called on to challenge the inquest, finding uttered, witness taken to the finding."

He took this witness to all the steps that had been taken in the suit.

Then that man stood up over whose head the suit had been declared and pleaded, and summed up the case. He summed up first how Mord had bade them listen to his oath, and to his declaration of the suit, and to all the steps and proofs in it; then he summed up next how Mord took his oath and his vouchers theirs; then he summed up how Mord pleaded his suit, and used the very words in his summing up that Mord had before used in declaring and pleading his suit, and which he had used in his summons, and he said that the suit came before the Fifth Court in the same shape as it was when he uttered it at the summoning. Then he summed up that men had borne witness to the summoning, and repeated all those words that Mord had used in his summons, and which they had used in bearing their witness, "and which I now," he said, "have used in my summing up, and they bore their witness in the same shape before the Fifth Court as he uttered them at the summoning." After that he summed up that Mord bade the neighbours on the inquest to take their seats, then he told next of all how he bade Flosi to challenge the inquest, or that man who had undertaken this lawful defence for him; then he told how the neighbours went to the court, and uttered their finding, and brought in Flosi truly guilty in the suit, and how they brought in the finding of an inquest of nine men in that shape before the Fifth Court. Then he summed up how Mord took witness to all the steps in the suit, and how he had bidden the defendant to begin his defence.

After that Mord Valgard's son took witness. "I take witness," he said, "to this, that I forbid Flosi Thord's son, or that other man who has undertaken the lawful defence for him, to set up his defence; for now are all the steps taken which belong to the suit, when the case has been summed up and the proofs repeated."

After that the foreman added these words of Mord to his summing up.

Then Mord took witness, and prayed the judges to give judgment in this suit.

Then Gizur the White said, "Thou wilt have to do more yet, Mord, for four twelves can have no right to pass judgment."

Now Flosi said to Eyjolf, "What counsel is to be taken now?"

Then Eyjolf said, "Now we must make the best of a bad business; but still we will bide our time, for now I guess that they will make a false step in their suit, for Mord prayed for judgment at once in the suit, but they ought to call and set aside six men out of the court, and after that they ought to offer us to call and set aside six other men, but we will not do that, for then they ought to call and set aside those six men, and they will perhaps overlook that; then all their case has come to naught if they do not do that, for three twelves have to judge in every cause."

"Thou art a wise man, Eyjolf," said Flosi, "so that few can come nigh thee."

Mord Valgard's son took witness. "I take witness," he said "to this, that I call and set aside these six men out of the court" -- and named them all by name -- "I do not allow you to sit in the court; I call you out and set you aside by the rightful custom of the Althing, and the law of the land."

After that he offered Eyjolf and Flosi, before witnesses, to call out by name and set aside other six men, but Flosi and Eyjolf would not call them out.

Then Mord made them pass judgment in the cause; but when the judgment was given, Eyjolf took witness, and said that all their judgment had come to naught, and also everything else that had been done, and his ground was that three twelves and one half had judged, when three only ought to have given judgment.

"And now we will follow up our suits before the Fifth Court," said Eyjolf, "and make them outlaws."

Then Gizur the White said to Mord Valgard's son, "Thou hast made a very great mistake in taking such a false step, and this is great ill-luck; but what counsel shall we now take, kinsman Asgrim?" says Gizur.

Then Asgrim said, "Now we will send a man to my son Thorhall, and know what counsel he will give us."

ENDNOTES:

(1) An old English law term for asylum or sanctuary.

144. BATTLE AT THE ALTHING

Now Snorri the Priest hears how the causes stood, and then he begins to draw up his men in arry below "the Great Rift," between it and Hadbooth, and laid down beforehand to his men how they were to behave.

Now the messenger comes to Thorhall Asgrim's son, and tells him how things stood, and how Mord Valgard's son and his friends would all be made outlaws, and the suits for manslaughter be brought to naught.

But when he heard that, he was so shocked at it that he could not utter a word. He jumped up then from his bed, and clutched with both hands his spear, Skarphedinn's gift, and drove it through his foot; then flesh clung to the spear, and the eye of the boil too, for he had cut it clean out of the foot, but a torrent of blood and matter poured out, so that it fell in a stream along the floor. Now he went out of the booth unhalting, and walked so hard that the messenger could not keep up with him, and so he goes until he came to the Fifth Court. There he met Grim the Red, Flosi's kinsman, and as soon as ever they met, Thorhall thrust at him with the spear, and smote him on the shield and clove it in twain, but the spear passed right through him, so that the point came out between his shoulders. Thorhall cast him off his spear.