Автор литература - Njal's Saga
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- Название:Njal's Saga
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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 home 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
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