Автор литература - Njal's Saga

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 shaft 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.