Njal's Saga (42 page)

‘None at all,' said Eyjolf.

‘What are we to do now?' said Flosi.

‘It's a tight spot,' said Eyjolf, ‘but I'll suggest a plan to you. You must give up your godord and place it in the hands of your brother Thorgeir, and then declare yourself the thingman of Askel Thorketils-son the Godi, from up north in Reykjadal. If they don't find out about this it may do them some damage: they will bring their suit in the East Quarter Court when they should bring it in the North Quarter Court – although they won't know this. Then they will be liable to an action in the Fifth Court for bringing a suit in another court than the correct one.
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We will prosecute, but only as a last resort'

Flosi said, ‘It may be that we have been repaid for the bracelet'

‘I don't know about that,' said Eyjolf, ‘but I will give you such help in legal matters that people will say that no more could have been done. Now you must send for Askel, and Thorgeir must join you at once, and another man with him.'

Thorgeir arrived shortly; he took over the godord. Then Askel came there. Flosi declared himself to be his thingman. This was known to nobody but them.

Everything was quiet until the time for the courts to begin. Both sides made ready and armed themselves; both sides had put markings on their helmets.
¹

Thorhall spoke: ‘Don't be too hasty, and do everything as correctly as you can. If you get into any difficulty let me know at once, and I'll give you advice.'

Asgrim and the others looked at him, and Thorhall's face was like blood to look at, and great gusts of hail gushed from his eyes. He
asked for his spear to be brought; Skarphedin had given it to him and it was a great treasure.

As they walked away Asgrim spoke: ‘My son Thorhall was not in good spirits back there in the booth, and I don't know what will be his next step. Now let's go to Mord Valgardsson and act as if only his suit mattered, for it's a greater thing to catch Flosi than many of the others.'

Asgrim sent a messenger to Gizur the White and Hjalti and Gudmund the Powerful, and they all met and went at once to the East Quarter Court. They came to it at the south side. Flosi and his men, and all the men from the East Fjords who had joined him, went to the north side of the court; men from Reykjadal and Oxarfjord and Ljosavatn were also with Flosi. Eyjolf Bolverksson was there too.

Flosi leaned towards him and said, ‘This bodes well; it may be that your guess was not far off.'

‘Keep quiet about that,' said Eyjolf. ‘The time may come when we'll have to use that trick.'

Mord Valgardsson named witnesses and asked for a casting of lots for those who were prosecuting suits for full outlawry in the court, to determine who should prosecute or present his suit first, who second and who last. He made this lawful request of the court so that the judges could hear it. The lots were drawn and it fell to Mord to be the first to present his suit.

He named witnesses for the second time – ‘I call for witness that I may remove any mistakes from my pleading, whether from saying too much or from error. I claim the right to correct all my wording until my entire suit is in correct form.
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I name these witnesses for myself or for others who may need to use or benefit from this testimony.'

Then Mord spoke: ‘I call for witness that I request Flosi Thordarson, or any other man who has taken over his legal defence from him, to listen to my oath-swearing and the presentation of my suit and all the evidence for the prosecution which I plan to bring against him. I make this lawful request before the court, so that the judges can hear it from one end of the court to the other.'

Mord continued: ‘I call for witness that I swear this oath by the
Book, a lawful oath, and I declare before God that I shall do my best to prosecute this suit as truthfully and fairly as I know how and in accordance with the law, and that I will meet all the requirements of the law, as long as I am at this Thing.'

Then he spoke these words: ‘I named Thorodd as witness, and Thorbjorn as second witness, that I gave notice of a punishable assault by Flosi Thordarson at the place where Flosi Thordarson ran at Helgi Njalsson in a punishable assault, when Flosi Thordarson wounded Helgi Njalsson with an internal or brain or marrow wound which proved to be a fatal wound, and Helgi died of it. I declared that he deserved full outlawry for this offence, not to be fed, nor helped on his way, nor given any kind of assistance. I declared all his property forfeit, half to me and half to the men in the quarter who have the legal right to his forfeited property. I gave notice of this to the Quarter Court in which this suit should be heard according to law. I gave this lawful notice; I gave notice in the hearing of all at the Law Rock. I gave notice of the prosecution of Flosi Thordarson for full outlawry, to take place at this session. I gave notice that the suit was turned over to me by Thorgeir Thorisson. In giving notice I used the same words which I have now uttered in presenting my case. I refer this case for full outlawry, stated as I stated it when I gave notice before, to the East Quarter Court, in the presence of Jon.'
³

Mord spoke: ‘I named Thorodd as witness, and Thorbjorn as second witness, that I gave notice of a suit against Flosi Thordarson for having wounded Helgi Njalsson with an internal or brain or marrow wound which proved to be a fatal wound, and Helgi died of it at the place where Flosi Thordarson had previously run at Helgi Njalsson in a punishable assault. I declared that he deserved full outlawry for this offence, not to be fed, nor helped on his way, nor given any kind of assistance. I declared all his property forfeit, half to me and half to the men in the quarter who have the legal right to his forfeited property. I gave notice of this to the Quarter Court in which this suit should be heard according to law. I gave this lawful notice; I gave notice in the hearing of all at the Law Rock. I gave notice of the prosecution of Flosi Thordarson for full outlawry, to take place at this session. I gave notice that the suit was turned over to me by
Thorgeir Thorisson. In giving notice I used the same words which I have now uttered in presenting my case. I refer this case for full outlawry, stated as I stated it when I gave notice before, to the East Quarter Court, in the presence of Jon.'

Then the witnesses to Mord's notice went before the court and spoke these words, with one of them reciting their testimony and both of them expressing assent, that ‘Mord named Thorodd as witness, and me as a second witness; my name is Thorbjorn' – then he gave his father's name. ‘Mord named us as witnesses that he gave notice of a punishable assault by Flosi Thordarson when he ran at Helgi Njalsson at the place where Flosi Thordarson wounded Helgi Njalsson with an internal or brain or marrow wound which proved to be a fatal wound, and Helgi died of it. He declared that Flosi deserved full outlawry for this offence, not to be fed, nor helped on his way, nor given any kind of assistance. He declared all his property forfeit, half to himself and half to the men in the quarter who have the legal right to Flosi's forfeited property. He gave notice of this to the Quarter Court in which this suit should be heard according to law. He gave this lawful notice; he gave notice in the hearing of all at the Law Rock. He gave notice of the prosecution of Flosi Thordarson for full outlawry, to take place at this session. He gave notice that the suit was turned over to him by Thorgeir Thorisson. In giving notice he used the same words for presenting the suit which we have now uttered in our testimony. We have now given our witness correctly and we are both in agreement on it. We refer this testimony of Mord's notice, stated just as he stated it when he gave notice, to the East Quarter Court, in the presence of Jon.'

They gave their testimony of the notice a second time, mentioning the wounds first and the assault second and keeping all the other wording the same. They referred this testimony to the East Quarter Court, stated just as Mord stated it when he gave notice.

Then the witnesses to Mord's taking over the prosecution went before the court, and with one of them reciting their testimony and both of them expressing assent declared that Mord Valgardsson and Thorgeir Thorisson had named them as witnesses that Thorgeir Thorisson had turned over to Mord Valgardsson the prosecution for
homicide against Flosi Thordarson for the slaying of Helgi Njalsson – ‘he turned the suit over to him with all the evidence for the prosecution which should accompany the suit. He turned over to him the right to prosecute or to settle with full use of the evidence, just as if he were the rightful plaintiff. Thorgeir turned this over lawfully, and Mord took it over lawfully.'

They presented their testimony of the taking over of the suit to the East Quarter Court in the presence of Jon, just as Thorgeir and Mord had called on them to testify. They had all their witnesses swear oaths before they presented testimony, and the judges as well.

Mord Valgardsson named witnesses – ‘to witness,' he said, ‘that I call on the nine neighbours whom I summoned concerning the suit I have brought against Flosi Thordarson to take seats on the west bank of the river, and I call on the defence to challenge this panel. I make this lawful request before the court, so that all the judges can hear it.'

Mord named witnesses a second time – ‘to witness that I call on Flosi Thordarson, or any other man who has taken over his legal defence from him, to challenge this panel which I have placed together on the west side of the river. I make this lawful request before the court, so that the judges can hear it.'

Again he named witnesses – ‘to witness,' he said, ‘that all the first steps pertaining to this suit have now been taken – requesting that the oath be heard, swearing the oath, presenting the suit, witnessing the notice, witnessing the taking over of the prosecution, requesting the neighbours to be seated, and asking for the panel to be challenged. I call on these witnesses to confirm the steps which have now been taken and also to confirm that I will not have given up the prosecution even if I should leave the court to seek evidence or for any other reason.'

Flosi and his men then went to where the panel of neighbours was sitting. Flosi said to his men, ‘The Sigfussons will know whether the neighbours who have been summoned here are legitimate.'

Ketil of Mork answered, ‘One of these neighbours held Mord Valgardsson at his baptism, and another one is his second cousin.'

They explained the relationship and swore to it by oath.

Eyjolf named witnesses that the panel should stay in place until it had been invalidated. Then Eyjolf named witnesses a second time – ‘to witness,' he said, ‘that I dismiss both these men from the panel' – he named them, and their fathers – ‘on the grounds that one of them is second cousin to Mord and another has a religious bond with him, as a result of which he should be dismissed. The two of you are now disqualified from the panel on legal grounds, since a lawful dismissal has been executed on you. I dismiss you according to the rules of the Althing and the law of the land. I dismiss you in the case turned over to me by Flosi Thordarson.'

Everyone present spoke up and said that Mord's case was disqualified; they all agreed that the defence was stronger than the prosecution.

Asgrim said to Mord, ‘It's not all in their favour yet, though they think they are way ahead. Someone must go to my son Thorhall and see what he suggests.'

A trusty messenger was sent to Thorhall to tell him exactly what had been happening in the case and how Flosi and his party thought that they had disqualified the panel.

Thorhall spoke: ‘I'll see to it that this will not destroy your suit, and tell them not to believe that it will, in spite of the trickery against them, for that great sage Eyjolf has overlooked something. Go back as quickly as you can and tell Mord Valgardsson to go to court and name witnesses that their dismissal is invalid' – and then he told him in detail how they should proceed. The messenger returned and told them Thorhall's suggestion.

Then Mord Valgardsson went to court and named witnesses – ‘to witness that I invalidate the dismissal made by Eyjolf Bolverksson. My grounds are that he dismissed them for reasons that pertain not to the original plaintiff but only to the person pleading the case.
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I name these witnesses for myself or for anyone who may have need of this testimony.'

Then he brought this testimony before the court. He went to where the panel of neighbours was sitting and said that the ones who had stood up should sit down again, and he declared them valid members of the panel. Everyone said that Thorhall had done a great thing;
everyone now thought the prosecution was stronger than the defence.

Flosi said to Eyjolf, ‘Do you think that this was according to law?'

‘I think so, definitely,' he said, ‘and we clearly overlooked this. But we'll keep trying.'

Then Eyjolf named witnesses – ‘to witness,' he said, ‘that I dismiss these two men from the panel' – he gave their names – ‘on the grounds that you are lodgers and not property owners. I will not allow you to sit on the panel, because a lawful dismissal has now been served on you. I dismiss you from the panel according to the rules of the Althing and the law of the land.'

Eyjolf said he would be very surprised if this could be invalidated. Everyone then said that the defence was stronger than the prosecution; everyone praised Eyjolf highly and said that no one could match his cleverness at law.

Mord Valgardsson and Asgrim then sent a messenger to Thorhall to tell him how things stood. When Thorhall heard this he asked whether these neighbours owned property or whether they were indigent.

The messenger said that one of them lived off milch animals, both cows and ewes, and that the other owned a third of the land on which they both lived and provided his own food; he and the man who leased the land owned one hearth together, and one shepherd.