Автор литература - Njal's Saga

Mord at the font when he was baptized, but another is his second

cousin by kinship.

Then they reckoned up his kinship, and proved it with an oath.

Then Eyjolf took witness that the inquest should do nothing till

it was challenged.

A second time Eyjolf took witness, “I take witness to this,” said

he, “that I challenge both these men out of the inquest, and set

them aside” — here he named them by name, and their fathers as

well — “for this sake, that one of them is Mord’s second cousin

by kinship, but the other for gossipry (2), for which sake it is

lawful to challenge a neighbour on the inquest; ye two are for a

lawful reason incapable of uttering a finding, for now a lawful

challenge has overtaken you, therefore I challenge and set you

aside by the rightful custom of pleading at the Althing, and by

the law of the land; I challenge you in the cause which Flosi

Thord’s son has handed over to me.”

Now all the people spoke out, and said that Mord’s suit had come

to naught, and all were agreed in this that the defence was

better than the prosecution.

Then Asgrim said to Mord, “The day is not yet their own, though

they think now that they have gained a great step; but now some

one shall go to see Thorhall my son, and know what advice he

gives us.”

Then a trusty messenger was sent to Thorhall, and told him as

plainly as he could how far the suit had gone, and how Flosi and

his men thought they had brought the finding of the inquest to a

dead lock.

“I will so make it out,” says Thorhall, “that this shall not

cause you to lose the suit; and tell them not to believe it,

though quirks and quibbles be brought against them, for that

wiseacre Eyjolf has now overlooked something. But now thou shalt

go back as quickly as thou canst, and say that Mord Valgard’s son

must go before the court, and take witness that their challenge

has come to naught,” and then he told him step by step how they

must proceed.

The messenger came and told them Thorhall’s advice.

Then Mord Valgard’s son went to the court and took witness. “I

take witness to this,” said he, “that I make Eyjolf’s challenge

void and of none effect; and my ground is, that he challenged

them not for their kinship to the true plaintiff, the next of

kin, but for their kinship to him who pleaded the suit; I take

this witness to myself, and to all those to whom this witness

will be of use.”

After that he brought that witness before the court.

Now he went whither the neighbours sate on the inquest, and bade

those to sit down again who had risen up, and said they were

rightly called on to share in the finding of the inquest.

Then all said that Thorhall had done great things, and all

thought the prosecution better than the defence.

Then Flosi said to Eyjolf, “Thinkest thou that this is good law?”

“I think so, surely,” he says, “and beyond a doubt we overlooked

this; but still we will have another trial of strength with

them.”

Then Eyjolf took witness. “I take witness to this,” said he,

“that I challenge these two men out of the inquest” — here he

named them both — “for that sake that they are lodgers, but not

householders; I do not allow you two to sit on the inquest, for

now a lawful challenge has overtaken you; I challenge you both

and set you aside out of the inquest, by the rightful custom of

the Althing and by the law of the land.”

Now Eyjolf said he was much mistaken if that could be shaken; and

then all said that the defence was better than the prosecution.

Now all men praised Eyjolf, and said there was never a man who

could cope with him in lawcraft.

Mord Valgard’s son and Asgrim Ellidagrim’s son now sent a man to

Thorhall to tell him how things stood; but when Thorhall heard

that, he asked what goods they owned, or if they were paupers?

The messenger said that one gained his livelihood by keeping

milch-kine, and “he has both cows and ewes at his abode; but the

other has a third of the land which he and the freeholder farm,

and finds his own food: and they have one hearth between them, he

and the man who lets the land, and one shepherd.”

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 be 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