Njal's Saga (35 page)

Thorkel sheathed his sword at once and sat down; such a thing never happened to him before or after.

Asgrim and the others went out.

Skarphedin said, ‘Where shall we go now?'

Asgrim answered, ‘Back to our booth.'

‘Off to our booth, bored with begging,' said Skarphedin.

Asgrim turned towards him and said, ‘At many of our visits you were rather sharp-tongued, but I think you gave Thorkel just what he deserved.'

They went back to their booth and told Njal everything in detail. He spoke: ‘Things draw on as destiny wills.'

Gudmund the Powerful learned what had happened between Skar-phedin and Thorkel and had this to say: ‘You are all aware how things have gone between us and the people at Ljosavatn, but I've never had as much humiliation from them as Thorkel had just now from Skarphedin, and it's good that it happened.'

Then Gudmund spoke to his brother Einar of Thvera: ‘Go along with all my men and help the Njalssons when the court convenes, and if they need help next summer, I'll give it myself.'

Einar agreed to this and sent word to Asgrim. Asgrim said, ‘There are few chieftains like Gudmund.'

Then he told Njal.

The next day Asgrim, Gizur the White, Hjalti Skeggjason and Einar of Thvera came together. Mord Valgardsson was also there. He had by then given up the prosecution and turned it over to the Sigfussons.

Asgrim spoke: ‘I turn first to you, Gizur the White and Hjalti and Einar, to tell you how the suit stands. You're aware that Mord started the proceedings, but the fact is that Mord was present at the slaying of Hoskuld and delivered the wound for which no one was named. In my opinion the suit is invalid according to the law'

‘Then we must present this at once,' said Hjalti.

Thorhall Asgrimsson spoke up and said it would be unwise not to keep this hidden until the court convened.

‘What difference does it make?' said Hjalti.

Thorhall spoke: ‘If they find out now that the suit was improperly initiated, they will be able to save it by quickly sending someone
home from the Thing to make the charge from there and summon neighbours to the Thing, and then the prosecution will be valid.'

‘You're a clever man, Thorhall,' they said, ‘and we'll take your advice.'

After that each of them went back to his booth.

The Sigfussons gave notice of the suit at the Law Rock and asked the defendants to declare their district and domicile, and the court was to convene on Friday evening to hear the prosecution. Until then it was quiet at the Thing. Many tried to reconcile the two sides, but Flosi was firm, though less vocal than others, and the outlook was not promising.

Friday evening came, and time for the court to convene. The whole Thing went to the court. Flosi and his men stood to the south of the Rangarvellir court; with him were Hall of Sida and Runolf Ulfsson and the others who had promised him help. To the north of the Rangarvellir court stood Asgrim, Gizur the White, Hjalti, and Einar of Thvera, while the Njalssons were back at their booth with Kari and Thorleif Crow and Thorgrim the Tall. They sat there with their weapons ready, a hard band to attack.

Njal had requested the judges to start proceedings, and now the Sigfussons prosecuted the case. They named witnesses and asked the Njalssons to listen to their oath-swearing; then they swore their oaths; then they presented the charges; then they produced witnesses to the notification of the slaying; then they asked the panel of neighbours to take their seats; then they invited the defendants to challenge the panel.

Thorhall Asgrimsson named witnesses and prohibited the panel from announcing its findings and objected that the person who had given notice of the suit had violated the law and deserved to be outlawed himself.

‘To whom are you referring?' said Flosi.

Thorhall answered, ‘Mord Valgardsson went with the Njalssons to the slaying of Hoskuld and gave him the wound for which no one was named when witnesses to the wounds were named. You cannot contest the fact that the case is invalid.'

Njal stood up and spoke: ‘I request Hall of Sida and Flosi and all the Sigfussons, as well as all our men, not to leave but to listen to my words.'

They did as he asked.

He spoke: ‘It appears that this case has reached an impasse, which is to be expected since it sprang from evil roots. I want you to know that I loved Hoskuld more than my own sons, and when I heard that he had been slain I felt that the sweetest light of my eyes had been put out,
¹
and I would rather have lost all my sons to have him live. Now I ask Hall of Sida, Runolf of Dal, Gizur the White, Einar of Thvera and Haf the Wise to allow me to make a settlement for the slaying, on behalf of my sons, and I would like those who are best suited to serve as arbitrators.'

Gizur and Einar and Haf each spoke at length about this and begged Flosi to accept a settlement and promised him their friendship in return. Flosi made polite answers but no promises.

Hall of Sida spoke to Flosi: ‘Will you now keep your word and grant me the favour you promised when I helped your kinsman Thorgrim Stout-Ketilsson leave the country after he killed Hall the Red?'
²

Flosi spoke: ‘I will grant you this, father-in-law, for you are only asking what will make my honour greater than before.'

Hall said, ‘Then I want you to be reconciled quickly and let good men arbitrate, and thereby win the friendship of the best men.'

Flosi said, ‘I want you all to know that I am willing to follow the wishes of my father-in-law Hall and others of the best men and have six men from each side, lawfully chosen, arbitrate this matter. It seems to me that Njal deserves that I grant him this.'

Njal thanked them all, and the others who were there said that Flosi had done well.

Flosi said, ‘Now I shall choose my arbitrators. I choose first Hall, and then Ozur of Breida, Surt Asbjarnarson of Kirkjubaer, Modolf Ketilsson' – he was then living at Asar – ‘Haf and Runolf of Dal, and everyone will agree that these are the most suited of my men for this duty'

He then asked Njal to choose his arbitrators.

Njal rose and said, ‘I choose Asgrim Ellida-Grimsson first, and then Hjalti Skeggjason, Gizur the White, Einar of Thvera, Snorri the Godi, and Gudmund the Powerful.'

Then Njal and Flosi and the Sigfussons shook hands, and Njal did so on behalf of all his sons and Kari. These twelve men were now to decide, and it could be said that the whole Thing was pleased with this.

Men were then sent to bring Snorri and Gudmund, since they were in their booths. It was agreed that the arbitrators should sit in the Law Council and that everyone else should leave.

Snorri the Godi spoke: ‘Here we are now, the twelve arbitrators to whom this case has been referred. I beg all of you not to raise any objections that might keep these men from being well reconciled.'

Gudmund said, ‘Are you in favour of district banishment or exile?'

‘Neither one,' said Snorri, ‘for these penalties have often worked out badly, and men have been killed and become enemies. I prefer to set a fine so huge that no man in Iceland will ever have been more costly than Hoskuld.'

His words were well received. Then they discussed it but could not agree on who should be the first to declare how high the fine should be, and in the end they cast lots and the lot fell on Snorri.

Snorri spoke: ‘I won't sit on this matter any longer – I'll tell you now what my decision is: I want triple compensation to be paid for Hoskuld, six hundred ounces of silver. You must now change this, if you think it too much or too little.'

They answered that they would not change it.

‘And on top of this,' said Snorri, ‘the total amount must be paid out here at the Thing.'

Then Gizur said, ‘I don't think this can work, for they won't have enough money with them to pay the fine.'

Gudmund said, ‘I know what Snorri wants. He wants all of us arbitrators to contribute as much as our generosity allows, and then many others will do the same.'

Hall of Sida thanked him and said that he would be willing to give as much as the highest giver. All the arbitrators then approved Snorri's proposal.

After that they went away and agreed among themselves that Hall should announce their decision at the Law Rock.

After that the bell was rung and everybody went to the Law Rock.

Hall stood up and spoke: ‘We have reached an agreement on the case which we have been arbitrating, and we fix an amount of six hundred ounces of silver. We arbitrators will pay half of it ourselves, and all of it must be paid out here at the Thing. It is my entreaty to all you people that you give something, in the name of God.'

Everyone responded favourably. Hall named witnesses to the settlement, so that no one would break it. Njal thanked them for the settlement.

Skarphedin was standing nearby and kept silent and grinned.

People then went from the Law Rock to their booths.

The arbitrators brought to the farmers' churchyard
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the money they had promised to give. Njal's sons turned over the money which they had, and so did Kari, and it came to one hundred ounces of silver. Njal added all the money he had, and that made a second hundred. All this money was then taken to the Law Council, and others gave so much that not a penny was lacking.

Njal took a silk robe and a pair of boots and placed them on top of the pile.
²

Then Hall told Njal to go and bring his sons – ‘and I will bring Flosi, and they can pledge peace to each other.'

Njal went back to the booth and spoke to his sons: ‘Now our case has turned out well. We have been reconciled and all the payment money has been brought to one place. Both sides are to meet and give each other promises of faith and peace. I beg you not to spoil this in any way.'

Skarphedin stroked his forehead and grinned. Then they all went to the Law Council.

Hall came to Flosi and said, ‘Come now to the Law Council. All the money has been paid readily and brought together in one place.'

Flosi asked the Sigfussons to go with him. They all came out and
walked from the east towards the Law Council. Njal and his sons came walking from the west. Skarphedin went to the middle bench and stood there.

Flosi went into the Law Council to examine the money and said, ‘This is a large amount of good money and readily paid out, as was to be expected.'

Then he picked up the robe and asked who had given it, and no one answered him. He waved the robe a second time and asked who had given it, and laughed, and no one answered.

Flosi said, ‘Which is it, that none of you knows whose garment this is or that you don't dare to tell me?'

Skarphedin said, ‘Who do you think might have given it?'

Flosi spoke: ‘If you want to know, then I'll tell you what I think -it's my guess that your father gave it, Old Beardless, for there are many who can't tell by looking at him whether he's a man or a woman.'

Skarphedin spoke: ‘That's a wicked thing to do, making slurs about him in his old age, and no man worthy of the name has ever done this before. You can tell he's a man because he has had sons with his wife. And few of our kinsmen have been buried uncompensated by our wall, without our taking vengeance for them.'

Then Skarphedin picked up the robe and threw a pair of black trousers at Flosi, and said that he had more need of these.
³

Flosi said, ‘Why do I need them more?'

Skarphedin spoke: ‘Because if you are the sweetheart of the troll at Svinafell, as is said, he uses you as a woman every ninth night.'
⁴

Flosi pushed the money away and said he would not take a penny of it, and that it would now be one of two things: either there would be no redress at all for Hoskuld, or they would take blood-vengeance for him. Flosi would neither offer nor accept peace, and he spoke to the Sigfussons: ‘Let's go back to our booth. One fate awaits us all'

Then they went back to their booth.

Hall said, ‘The men carrying on this quarrel are men of great bad luck.'

*

Njal and his sons went back to their booth.

Njal spoke: ‘What I have long feared is now coming true, that this case will bring us terrible harm.'

‘That's not so,' said Skarphedin. ‘They can never prosecute us, according to the laws of the land.'
⁵

‘Then what will come,' said Njal, ‘will be worse for everybody.'

The men who had contributed the money talked about taking it back.

Gudmund spoke: ‘I do not choose to bring shame on myself by taking back what I have given, neither here nor anywhere.'

‘That is well spoken,' they said. No one wanted to take back his money then.

Snorri the Godi said, ‘It's my advice that Gizur the White and Hjalti Skeggjason hold on to this money until the next Althing. I have a sense that it won't be long until it will be needed.'

Hjalti took and held half of the money, and Gizur the rest. Then people went back to their booths.

Flosi told all his men to go up to the Almannagja gorge and went there himself. By that time his men had arrived, a hundred in all.

Flosi said to the Sigfussons, ‘What can I do for you in this affair that would please you the most?'

Gunnar Lambason said, ‘Nothing will please us until all the brothers – the Njalssons – are slain.'

Flosi spoke: ‘I will promise you Sigfussons not to give up until one side or the other perishes. I also want to know if there's anyone here who doesn't want to see this through with us.'

They all said that they would see it through.

Flosi said, ‘Come to me, all of you, and swear an oath not to abandon the cause.'

They all went to Flosi and swore oaths to him.

Flosi said, ‘Let's also shake hands on it that whoever drops out forfeits both life and property.'