The Story of Burnt Njal
(Njal's Saga)

Part 10: Sections 141 - 146

Online Medieval and Classical Library Release #11

141. NOW MEN GO TO THE COURTS

Now the time passes away till the courts were to go out to try
suits.  Both sides then made them ready to go thither, and armed
them.  Each side put war-tokens on their helmets.

Then Thorhall Asgrim's son said, "Walk hastily in nothing father
mine, and do everything as lawfully and rightly as ye can, but if
ye fall into any strait let me know as quickly as ye can, and
then I will give you counsel."

Asgrim and the others looked at him, and his face was as though
it were all blood, but great teardrops gushed out of his eyes. 
He bade them bring him his spear, that had been a gift to him
from Skarphedinn, and it was the greatest treasure.

Asgrim said as they went away, "Our kinsman Thorhall was not easy
in his mind as we left him behind in the booth, and I know not
what he will be at."

Then Asgrim said again, "Now we will go to Mord Valgard's son,
and think of nought else but the suit, for there is more sport in
Flosi than in very many other men."

Then Asgrim sent a man to Gizur the White, and Hjallti Skeggi's
son, and Gudmund the Powerful.  Now they all came together, and
went straight to the court of Eastfirthers.  They went to the
court from the south, but Flosi and all the Eastfirthers with him
went to it from the north.  There were also the men of Reykdale
and the Axefirthers with Flosi.  There, too, was Eyjolf Bolverk's
son.  Flosi looked at Eyjolf, and said, "All now goes fairly, and
may be that it will not be far off from thy guess."

"Keep thy peace about it," says Eyjolf, "and then we shall be
sure to gain our point."

Now Mord took witness, and bade all those men who had suits of
outlawry before the court to cast lots who should first plead or
declare his suit, and who next, and who last; he bade them by a
lawful bidding before the court, so that the judges heard it. 
Then lots were cast as to the declarations, and he, Mord, drew
the lot to declare his suit first.

Now Mord Valgard's son took witness the second time, and said, "I
take witness to this, that I except all mistakes in words in my
pleading, whether they be too many or wrongly spoken, and I claim
the right to amend all my words until I have put them into proper
lawful shape.  I take witness to myself of this."

Again Mord said, "I take witness to this, that I bid Flosi
Thord's son, or any other man who has undertaken the defence made
over to him by Flosi, to listen for him to my oath, and to my
declaration of my suit, and to all the proofs and proceedings
which I am about to bring forward against him; I bid him by a
lawful bidding before the court, so that the judges may hear it
across the court."

Again Mord Valgard's son said, "I take witness to this, that I
take an oath on the book, a lawful oath, and I say it before God,
that I will so plead this suit in the most truthful, and most
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
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
rightly summoned, and then he shall bring that witness before the
court, and then he may set the prosecution on its feet again; but
he will have to pay a fine of three marks for every man that he
has wrongly summoned; but he may not be prosecuted for that at
this Thing; and now thou shalt go back."

He does so, and told Mord and Asgrim all, word for word, that
Thorhall had said.

Then Mord went to the court, and took witness, and swore an oath
that the greater part of the inquest was rightly summoned, and
said then that he had set the prosecution on its feet again, and
then he went on, "And so our foes shall have honour from
something else than from this, that we have here taken a great
false step."

Then there was a great roar that Mord handled the suit well; but
it was said that Flosi and his men betook them only to quibbling
and wrong.

Flosi asked Eyjolf if this could be good law, but he said he
could not surely tell, but said the Lawman must settle this
knotty point.

Then Thorkel Geiti's son went on their behalf to tell the Lawman
how things stood, and asked whether this were good law that Mord
had said.

"More men are great lawyers now," says Skapti, "than I thought. 
I must tell thee, then, that this is such good law in all points,
that there is not a word to say against it; but still I thought
that I alone would know this, now that Njal was dead, for he was
the only man I ever knew who knew it."

Then Thorkell went back to Flosi and Eyjolf, and said that this
was good law.

Then Mord Valgard's son went to the court and took witness.  "I
take witness to this," he said, "that I bid those neighbours on
the inquest in the suit which I set on foot against Flosi Thord's
son now to utter their finding, and to find it either against him
or for him; I bid them by a lawful bidding before the court, so
that the judges may hear it across the court."

Then the neighbours on Mord's inquest went to the court, and one
uttered their finding, but all confirmed it by their consent; and
they spoke thus, word for word, "Mord Valgard's son summoned nine
of us thanes on this inquest, but here we stand five of us, but
four have been challenged and set aside, and now witness has been
home as to the absence of the four who ought to have uttered this
finding along with us, and now we are bound by law to utter our
finding.  We were summoned to bear this witness, whether Flosi
Thord's son rushed with an assault laid down by law on Helgi
Njal's son, on that spot where 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.  He
summoned us to utter all those words which it was lawful for us
to utter, and which he should call on us to answer before the
court, and which belong to this suit; he summoned us, so that we
heard what he said; he summoned us in a suit which Thorgeir
Thorir's son had handed over to him, and now we have all sworn an
oath, and found our lawful finding, and are all agreed, and we
utter our finding against Flosi, and we say that he is truly
guilty in this suit.  We nine men on this inquest of neighbours
so shapen, utter this our finding before the Eastfirthers' Court
over the head of John, as Mord summoned us to do; but this is the
finding of all of us."

Again a second time they uttered their finding against Flosi, and
uttered it first about the wounds, and last about the assault,
but all their other words they uttered just as they had before
uttered their finding against Flosi, and brought him in truly
guilty in the suit.

Then Mord Valgard's son went before the court, and took witness
that those neighbours whom he had summoned in the suit which he
had set on foot against Flosi Thord's son had now uttered their
finding, and brought him in truly guilty in the suit; he took
witness to this for his own part, or for those who might wish to
make use of this witness.

Again a second time Mord took witness and said, "I take witness
to this that I call on Flosi, or that man who has to undertake
the lawful defence which he has handed over to him, to begin his
defence to this suit which I have set on foot against him, for
now all the steps and proofs have been brought forward which
belong by law to this suit; all witness home, the finding of the
inquest uttered and brought in, witness taken to the finding, and
to all the steps which have gone before; but if any such thing
arises in their lawful defence which I need to turn into a suit
against them, then I claim the right to set that suit on foot
against them.  I bid this my lawful bidding before the court, so
that the judges may hear."

"It gladdens me now, Eyjolf," said Flosi, "in my heart to think
what a wry face they will make, and how their pates will tingle
when thou bringest forward our defence."


ENDNOTES:

(1)  John for a man, and Gudruna for a woman, were standing names
     in the Formularies of the Icelandic code, answering to the
     "M or N" in our Liturgy, or to those famous fictions of
     English law, "John Doe and Richard Roe."
(2)  "Gossipry," that is, because they were gossips, "God's sib",
     relations by baptism.



142. OF EYJOLF BOLVERK'S SON

Then Eyjolf Bolverk's son went before the court, and took witness
to this, "I take witness that this is a lawful defence in this
cause, that ye have pleaded the suit in the Eastfirthers' Court,
when ye ought to have pleaded it in the Northlanders' Court; for
Flosi has declared himself one of the Thingmen of Askel the
Priest and here now are those two witnesses who were by, and who
will bear witness that Flosi handed over his priesthood to his
brother Thorgeir, but afterwards declared himself one of Askel
the Priest's Thingmen.  I take witness to this for my own part,
and for those who may need to make use of it."

Again Eyjolf took witness, "I take witness," he said, "to this,
that I bid Mord who pleads this suit, or the next of kin, to
listen to my oath, and to my declaration of the defence which I
am about to bring forward; I bid him by a lawful bidding before
the court, so that the judges may hear me."

Again Eyjolf took witness, "I take witness to this, that I swear
an oath on the book, a lawful oath, and say it before God, that I
will so defend this cause, in the most truthful, and most just,
and most lawful way, so far as I know, and so fulfil all lawful
duties which belong to me at this Thing."

Then Eyjolf said, "These two men I take to witness that I bring
forward this lawful defence that this suit was pleaded in another
Quarter Court, than that in which it ought to have been pleaded;
and I say that for this sake their suit has come to naught; I
utter this defence in this shape before the Eastfirthers' Court."

After that he let all the witness be brought forward which
belonged to the defence, and then he took witness to all the
steps in the defence to prove that they had all been duly taken.

After that Eyjolf again took witness and said, "I take witness to
this, that I forbid the judges, by a lawful protest before the
priest, to utter judgment in the suit of Mord and his friends,
for now a lawful defence has been brought before the court.  I
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.

Then Mord Valgard's son took witness.  "I take witness," said he,
"to this, that these nine neighbours whom I called on these suits
which I have had hanging over the heads of Flosi Thord's son, and
Eyjolf Bolverk's son, have now uttered their finding, and have
brought them in truly guilty in these suits."

He took this witness for his own part.

Again Mord took witness.  "I take witness," he said, "to this,
that I bid Flosi Thord's son, or that other man who has taken his
lawful defence in hand, now to begin their defence; for now all
the steps and proofs have been brought forward in the suit,
summons to listen to oaths, oaths taken, suit declared, witness
taken to the summons, neighbours called on to take their seats on
the inquest, defendant called on to challenge the inquest,
finding uttered, witness taken to the finding."

He took this witness to all the steps that had been taken in the
suit.

Then that man stood up over whose head the suit had been declared
and pleaded, and summed up the case.  He summed up first how Mord
had bade them listen to his oath, and to his declaration of the
suit, and to all the steps and proofs in it; then he summed up
next how Mord took his oath and his vouchers theirs; then he
summed up how Mord pleaded his suit, and used the very words in
his summing up that Mord had before used in declaring and
pleading his suit, and which he had used in his summons, and he
said that the suit came before the Fifth Court in the same shape
as it was when he uttered it at the summoning.  Then he summed up
that men had borne witness to the summoning, and repeated all
those words that Mord had used in his summons, and which they had
used in bearing their witness, "and which I now," he said, "have
used in my summing up, and they bore their witness in the same
shape before the Fifth Court as he uttered them at the
summoning."  After that he summed up that Mord bade the
neighbours on the inquest to take their seats, then he told next
of all how he bade Flosi to challenge the inquest, or that man
who had undertaken this lawful defence for him; then he told how
the neighbours went to the court, and uttered their finding, and
brought in Flosi truly guilty in the suit, and how they brought
in the finding of an inquest of nine men in that shape before the
Fifth Court.  Then he summed up how Mord took witness to all the
steps in the suit, and how he had bidden the defendant to begin
his defence.

After that Mord Valgard's son took witness.  "I take witness," he
said, "to this, that I forbid Flosi Thord's son, or that other
man who has undertaken the lawful defence for him, to set up his
defence; for now are all the steps taken which belong to the
suit, when the case has been summed up and the proofs repeated."

After that the foreman added these words of Mord to his summing
up.

Then Mord took witness, and prayed the judges to give judgment in
this suit.

Then Gizur the White said, "Thou wilt have to do more yet, Mord,
for four twelves can have no right to pass judgment."

Now Flosi said to Eyjolf, "What counsel is to be taken now?"

Then Eyjolf said, "Now we must make the best of a bad business;
but still we will bide our time, for now I guess that they will
make a false step in their suit, for Mord prayed for judgment at
once in the suit, but they ought to call and set aside six men
out of the court, and after that they ought to offer us to call
and set aside six other men, but we will not do that, for then
they ought to call and set aside those six men, and they will
perhaps overlook that; then all their case has come to naught if
they do not do that, for three twelves have to judge in every
cause."

"Thou art a wise man, Eyjolf," said Flosi, "so that few can come
nigh thee."

Mord Valgard's son took witness. "I take witness," he said "to
this, that I call and set aside these six men out of the court" 
-- and named them all by name -- "I do not allow you to sit in
the court; I call you out and set you aside by the rightful
custom of the Althing, and the law of the land."

After that he offered Eyjolf and Flosi, before witnesses, to call
out by name and set aside other six men, but Flosi and Eyjolf
would not call them out.

Then Mord made them pass judgment in the cause; but when the
judgment was given, Eyjolf took witness, and said that all their
judgment had come to naught, and also everything else that had
been done, and his ground was that three twelves and one half had
judged, when three only ought to have given judgment.

"And now we will follow up our suits before the Fifth Court,"
said Eyjolf, "and make them outlaws."

Then Gizur the White said to Mord Valgard's son, "Thou hast made
a very great mistake in taking such a false step, and this is
great ill-luck; but what counsel shall we now take, kinsman
Asgrim?" says Gizur.

Then Asgrim said, "Now we will send a man to my son Thorhall,
and know what counsel he will give us."


ENDNOTES:

(1)  An old English law term for asylum or sanctuary.



144. BATTLE AT THE ALTHING

Now Snorri the Priest hears how the causes stood, and then he
begins to draw up his men in arry below "the Great Rift," between
it and Hadbooth, and laid down beforehand to his men how they
were to behave.

Now the messenger comes to Thorhall Asgrim's son, and tells him
how things stood, and how Mord Valgard's son and his friends
would all be made outlaws, and the suits for manslaughter be
brought to naught.

But when he heard that, he was so shocked at it that he could not
utter a word.  He jumped up then from his bed, and clutched with
both hands his spear, Skarphedinn's gift, and drove it through
his foot; then flesh clung to the spear, and the eye of the boil
too, for he had cut it clean out of the foot, but a torrent of
blood and matter poured out, so that it fell in a stream along
the floor.  Now he went out of the booth unhalting, and walked so
hard that the messenger could not keep up with him, and so he
goes until he came to the Fifth Court.  There he met Grim the
Red, Flosi's kinsman, and as soon as ever they met, Thorhall
thrust at him with the spear, and smote him on the shield and
clove it in twain, but the spear passed right through him, so
that the point came out between his shoulders.  Thorhall cast him
off his spear.

Then Kari Solmund's son caught sight of that, and said to Asgrim,
"Here, now, is come Thorhall thy son, and has straightway slain
a man, and this is a great shame, if he alone shall have the
heart to avenge the burning."

"That shall not be," says Asgrim, "but let us turn on them now."

Then there was a mighty cry all over the host, and then they
shouted their war-cries.

Flosi and his friends then turned against their foes, and both
sides egged on their men fast.

Kari Solmund's son turned now thither where Ami Kol's son and
Hallbjorn the Strong were in front, and as soon as ever Hallbjorn
saw Kari, he made a blow at him, and aimed at his leg, but Kari
leapt up into the air, and Hallbjorn missed him.  Kari turned on
Arni Kol's son and cut at him, and smote him on the shoulder, and
cut asunder the shoulder blade and collar-bone, and the blow went
right down into his breast, and Ami fell down dead at once to
earth.

After that he hewed at Hallbjorn and caught him on the shield,
and the blow passed through the shield, and so down and cut off
his great toe.  Holmstein hurled a spear at Kari, but he caught
it in the air, and sent it back, and it was a man's death in
Flosi's band.

Thorgeir Craggeir came up to where Hallbjorn the Strong was
in front, and Thorgeir made such a spear-thrust at him with his
left hand that Hallbjorn fell before it, and had hard work to get
on his feet again, and turned away from the fight there and then.

Then Thorgeir met Thorwalld Kettle Rumble's son, and hewed at him
at once with the axe, "the ogress of war," which Skarphedinn had
owned.  Thorwalld threw his shield before him, and Thorgeir hewed
the shield and cleft it from top to bottom, but the upper horn of
the axe made its way into his breast, and passed into his trunk,
and Thorwalld fell and was dead at once.

Now it must be told how Asgrim Ellidagrim's son, and Thorhall his
son, Hjallti Skeggi's son, and Gizur the White, made an onslaught
where Flosi and the sons of Sigfus and the other burners were; --
then there was a very hard fight, and the end of it was that they
pressed on so hard, that Flosi and his men gave way before them. 
Gudmund the Powerful, and Mord Valgard's son, and Thorgeir
Craggeir, made their onslaught where the Axefirthers and
Eastfirthers, and the men of Reykdale stood, and there too there
was a very hard fight.

Kari Solmund's son came up where Bjarni Broddhelgi's son had the
lead.  Kari caught up a spear and thrust at him, and the blow
fell on his shield.  Bjarni slipped the shield on one side of
him, else it had gone straight through him.  Then he cut at Kari
and aimed at his leg, but Kari drew back his leg and turned short
round on his heel, and Bjarni missed him.  Kari cut at once at
him, and then a man ran forward and threw his shield before
Bjarni.  Kari cleft the shield in twain, and the point of the
sword caught his thigh, and ripped up the whole leg down to the
ankle.  That man fell there and then, and was ever after a
cripple so long as he lived.

Then Kari clutched his spear with both hands, and turned on
Bjarni and thrust at him; he saw he had no other chance but to
throw himself down sidelong away from the blow, but as soon as
ever Bjarni found his feet, away he fell back out of the fight.

Thorgeir Craggeir and Gizur the White fell on there where
Holmstein the son of Bersi the Wise, and Thorkel Geiti's son were
leaders, and the end of the struggle was, that Holmstein and
Thorkel gave way, and then arose a mighty hooting after them from
the men of Gudmund the Powerful.

Thorwalld Tjorfi's son of Lightwater got a great wound, he was
shot in the forearm, and men thought that Halldor Gudmund the
Powerful's son had hurled the spear, but he bore that wound about
with him all his life long, and got no atonement for it.

Now there was a mighty throng.  But though we here tell of some
of the deeds that were done, still there are far many more of
which men have handed down no stories.

Flosi had told them that they should make for the stronghold in
the Great Rift if they were worsted, "For there," said he, "they
will only be able to attack us on one side."  But the band which
Hall of the Side and his son Ljot led, had fallen away out of the
fight before the onslaught of that father and son, Asgrim and
Thorhall.  They turned down east of Axewater, and Hall said,
"This is a sad state of things when the whole host of men at the
Thing fight, and I would, kinsman Ljot, that we begged us help
even though that be brought against us by some men, and that we
part them.  Thou shalt wait for me at the foot of the bridge, and
I will go to the booths and beg for help."

"If I see," said Ljot, "that Flosi and his men need help from our
men, then I will at once run up and aid them."

"Thou wilt do in that as thou pleasest," says Hall, "but I pray
thee to wait for me here."

Now flight breaks out in Flosi's band, and they all fly west
across Axewater; but Asgrim and Gizur the White went after them
and all their host.  Flosi and his men turned down between the
river and the Outwork booth.  Snorri the Priest had drawn up his
men there in array, so thick that they could not pass that way,
and Snorri the Priest called out then to Flosi, "Why fare ye in
such haste, or who chase you?"

"Thou askest not this," answered Flosi, "because thou dost not
know it already; but whose fault is it that we cannot get to the
stronghold in the Great Rift?"

"It is not my fault," says Snorri, "but it is quite true that I
know whose fault it is, and I will tell thee if thou wilt; it is
the fault of Thorwalld Cropbeard and Kol."

They were both then dead, but they had been the worst men in all
Flosi's band.

Again Snorri said to his men, "Now do both, cut at them and
thrust at them, and drive them away hence, they will then hold
out but a short while here, if the others attack them from below;
but then ye shall not go after them, but let both sides shift for
themselves."

The son of Skapti Thorod's son was Thorstein gapemouth, as was
written before, he was in the battle with Gudmund the Powerful,
his father-in-law, and as soon as Skapti knew that, he went to
the booth of Snorri the Priest, and meant to beg for help to part
them; but just before he had got as far as the door of Snorri's
booth, there the battle was hottest of all.  Asgrim and his
friends, and his men were just coming up thither, and then
Thorhall said to his father Asgrim, "See there now is Skapti
Thorod's son, father."

"I see him kinsman," said Asgrim, and then he shot a spear at
Skapti, and struck him just below where the calf was fattest, and
so through both his legs.  Skapti fell at the blow, and could not
get up again, and the only counsel they could take who were by,
was to drag Skapti flat on his face into the booth of a turf-
cutter.

Then Asgrim and his men came up so fast that Flosi and his men
gave way before them south along the river to the booths of the
men of Modruvale.  There there was a man outside one booth whose
name was Solvi; he was boiling broth in a great kettle, and had
just then taken the meat out, and the broth was boiling as hotly
as it could.

Solvi cast his eyes on the Eastfirthers as they fled, and they
were then just over against him, and then he said, "Can all these
cowards who fly here be Eastfirthers, and yet Thorkel Geiti's
son, he ran by as fast as any one of them, and very great lies
have been told about him when men say that he is all heart, but
now no one ran faster than he."

Hallbjorn the Strong was near by then, and said, "Thou shalt not
have it to say that we are all cowards."

And with that he caught hold of him, and lifted him up aloft, and
thrust him head down into the broth-kettle.  Solvi died at once;
but then a rush was made at Hallbjorn himself, and he had to turn
and fly.

Flosi threw a spear at Bruni Haflidi's son, and caught him at the
waist, and that was his bane; he was one of Gudmund the
Powerful's band.

Thorstein Hlenni's son took the spear out of the wound, and
hurled it back at Flosi, and hit him on the leg, and he got a
great wound and fell; he rose up again at once.

Then they passed on to the Waterfirthers' booth, and then Hall
and Ljot came from the east across the river, with all their
band; but just when they came to the lava, a spear was hurled out
of the band of Gudmund the Powerful, and it struck Ljot in the
middle, and he fell down dead at once; and it was never known
surely who had done that manslaughter.

Flosi and his men turned up round the Waterfirther's booth, and
then Thorgeir Craggeir said to Kari Solmund's son, "Look, yonder
now is Eyjolf Bolverk's son, if thou hast a mind to pay him off
for the ring."

"That I ween is not far from my mind," says Kari, and snatched a
spear from a man, and hurled it at Eyjolf, and it struck him in
the waist, and went through him, and Eyjolf then fell dead to
earth.

Then there was a little lull in the battle, and then Snorri the
Priest came up with his band, and Skapti was there in his
company, and they ran in between them, and so they could not get
at one another to fight.

Then Hall threw in his people with theirs, and was for parting
them there and then, and so a truce was set, and was to be kept
throughout the Thing, and then the bodies were laid out and borne
to the church, and the wounds of those men were bound up who were
hurt.

The day after men went to the Hill of Laws.  Then Han of the Side
stood up and asked for a hearing, and got it at once; and he
spoke thus, "Here there have been hard happenings in lawsuits
and loss of life at the Thing, and now I will show again that I
am little-hearted, for I will now ask Asgrim and the others who
take the lead in these suits, that they grant us an atonement on
even terms;" and so he goes on with many fair words.

Kari Solmund's son said, "Though all others take an atonement in
their quarrels, yet will I take no atonement in my quarrel; for
ye will wish to weigh these manslayings against the burning, and
we cannot bear that."

In the same way spoke Thorgeir Craggeir.

Then Skapti Thorod's son stood up and said, "Better had it been
for thee, Kari, not to have run away from thy father-in-law and
thy brothers-in-law, than now to sneak out of this atonement."

Then Kari sang these verses:

     "Warrior wight that weapon wieldest
     Spare thy speering why we fled,
     Oft for less falls hail of battle,
     Forth we fled to wreak revenge;
     Who was he, fainthearted foeman,
     Who, when tongues of steel sung high,
     Stole beneath the booth for shelter,
     While his beard blushed red for shame?

     "Many fetters Skapti fettered
     When the men, the Gods of fight,
     From the fray fared all unwilling
     Where the skald scarce held his shield;
     Then the suttlers dragged the lawyer
     Stout in scolding to their booth,
     Laid him low amongst the riffraff,
     How his heart then quaked for fear.

     "Men who skim the main on sea stag
     Well in this ye showed your sense
     Making game about the Burning,
     Mocking Helgi, Grim, and Njal;
     Now the moor round rocky Swinestye (1),
     As men run and shake their shields,
     With another grunt shall rattle
     When this Thing is past and gone."

Then there was great laughter.  Snorri the Priest smiled and sang
this between his teeth, but so that many heard:

     "Skill hath Skapti us to tell
     Whether Asgrim's shaft flew well;
     Holmstein hurried swift to flight,
     Thorstein turned him soon to fight."

Now men burst out in great fits of laughter.

Then Hall of the Side said, "All men know what a grief I have
suffered in the loss of my son Ljot; many will think that he
would be valued dearest of all those men who have fallen here;
but I will do this for the sake of an atonement -- I will put no
price on my son, and yet will come forward and grant both pledges
and peace to those who are my adversaries.  I beg thee, Snorri
the Priest, and other of the best men, to bring this about, that
there may be an atonement between us."

Now he sits him down, and a great hum in his favour followed, and
all praised his gentleness and goodwill.

Then Snorri the Priest stood up and made a long and clever
speech, and begged Asgrim and the others who took the lead in the
quarrel to look towards an atonement.

Then Asgrim said, "I made up my mind when Flosi made an inroad
on my house that I would never be atoned with him; but now Snorri
the Priest, I will take an atonement from him for thy word's sake
and other of our friends."

In the same way spoke Thorleif Crow and Thorgrim the Big, that
they were willing to be atoned, and they urged in every way their
brother Thorgeir Craggeir to take an atonement also; but he hung
back, and says he would never part from Kari.

Then Gizur the White said, "Now Flosi must see that he must make
his choice, whether he will be atoned on the understanding that
some will be out of the atonement."

Flosi says he will take that atonement; "And methinks it is so
much the better," he says, "that I have fewer good men and true
against me."

Then Gudmund the Powerful said, "I will offer to handsel peace
on my behalf for the slayings that have happened here at the
Thing, on the understanding that the suit for the burning is not
to fall to the ground."

In the same way spoke Gizur the White and Hjallti Skeggi's son,
Asgrim Ellidagrim's son and Mord Valgard's son.

In this way the atonement came about, and then hands were shaken
on it, and twelve men were to utter the award; and Snorri the
Priest was the chief man in the award, and others with him.  Then
the manslaughters were set off the one against the other, and
those men who were over and above were paid for in fines.  They
also made an award in the suit about the burning.

Njal was to be atoned for with a triple fine, and Bergthora with
two.  The slaying of Skarphedinn was to be set off against that
of Hauskuld the Whiteness Priest.  Both Grim and Helgi were to be
paid for with double fines; and one full man-fine should be paid
for each of those who had been burnt in the house.

No atonement was taken for the slaying of Thord Kari's son.

It was also in the award that Flosi and all the burners should go
abroad into banishment, and none of them was to sail the same
summer unless he chose; but if he did not sail abroad by the time
that three winters were spent, then he and all the burners were
to become thorough outlaws.  And it was also said that their
outlawry might be proclaimed either at the Harvest-Thing or
Spring-Thing, whichever men chose; and Flosi was to stay abroad
three winters.

As for Gunnar Lambi's son, and Grani Gunnar's son, Glum Hilldir's
son, and Kol Thorstein's son, they were never to be allowed to
come back.

Then Flosi was asked if he would wish to have a price put upon
his wound, but he said he would not take bribes for his hurt.

Eyjolf Bolverk's son had no fine awarded for him, for his
unfairness and wrongfulness.

And now this settlement and atonement was handselled and was well
kept afterwards.

Asgrim and his friends gave Snorri the priest good gifts, and he
had great honour from these suits.

Skapti got a fine for his hurt.

Gizur the White, and Hjallti Skeggi's son, and Asgrim
Ellidagrim's son, asked Gudmund the Powerful to come and see them
at home.  He accepted the bidding, and each of them gave him a
gold ring.

Now Gudmund rides home north and had praise from every man for
the part he had taken in these quarrels.

Thorgeir Craggeir asked Kari to go along with him, but yet first
of all they rode with Gudmund right up to the fells north.  Kari
gave Gudmund a golden brooch, but Thorgeir gave him a silver
belt, and each was the greatest treasure.  So they parted with
the utmost friendship, and Gudmund is out of this story.

Kari and Thorgeir rode south from the fell, and down to the
Rapes (1), and so to Thurso-water.

Flosi, and the burners along with him, rode east to Fleetlithe,
and he allowed the sons of Sigfus to settle their affairs at
home.  Then Flosi heard that Thorgeir and Kari had ridden north
with Gudmund the Powerful, and so the burners thought that Kari
and his friend must mean to stay in the north country; and then
the sons of Sigfus asked leave to go east under Eyjafell to get
in their money, for they had money out on call at Headbrink. 
Flosi gave them leave to do that, but still bade them be ware of
themselves, and be as short a time about it as they could.

Then Flosi rode up by Godaland, and so north of Eyjafell Jokul,
and did not draw bridle before he came home east to Swinefell.

Now it must be said that Hall of the Side had suffered his son to
fall without a fine, and did that for the sake of an atonement,
but then the whole host of men at the Thing agreed to pay a fine
for him, and the money so paid was not less than eight hundred in
silver, but that was four times the price of a man; but all the
others who had been with Flosi got no fines paid for their hurts,
and were very ill pleased at it.

The sons of Sigfus stayed at home two nights, but the third day
they rode east to Raufarfell, and were there the night.  They
were fifteen together, and had not the least fear for themselves.

They rode thence late, and meant to reach Headbrink about even. 
They baited their horses in Carlinedale, and then a great slumber
came over them.


ENDNOTES:

(1)  "Swinestye," ironically for Swinefell, where Flosi lived.
(2)  This is the English equivalent for the Icelandic Hrep, a
     district.  It still lingers in "the Rape of Bramber," and
     other districts in Sussex and the southeast.



145. OF KARI AND THORGEIR

Those two, Kari Solmund's son and Thorgeir Craggeir, rode that
day east across Markfleet, and so on east to Selialandsmull. 
They found there some women.  The wives knew them, and said to
them, "Ye two are less wanton than the sons of Sigfus yonder, but
still ye fare unwarily."

"Why do ye talk thus of the sons of Sigfus, or what do ye know
about them?"

"They were last night," they said, "at Raufarfell, and meant to
get to Myrdale to-night, but still we thought they must have some
fear of you, for they asked when ye would be likely to come
home."

Then Kari and Thorgeir went on their way and spurred their
horses.

"What shall we lay down for ourselves to do now," said Thorgeir,
"or what is most to thy mind?  Wilt thou that we ride on their
track?"

"I will not hinder this," answers Kari, "nor will I say what
ought to be done, for it may often be that those live long who
are slain with words alone (1); but I well know what thou meanest
to take on thyself, thou must mean to take on thy hands eight
men, and after all that is less than it was when thou slewest
those seven in the sea-crags (2), and let thyself down by a rope
to get at them; but it is the way with all you kinsmen, that ye
always wish to be doing some famous feat, and now I can do no
less than stand by thee and have my share in the story.  So now
we two alone will ride after them, for I see that thou hast so
made up thy mind."

After that they rode east by the upper way, and did not pass by
Holt, for Thorgeir would not that any blame should be laid at his
brother's door for what might be done.

Then they rode east to Myrdale, and there they met a man who had
turf-panniers on his horse.  He began to speak thus, "Too few
men, messmate Thorgeir, hast thou now in thy company."

"How is that?" says Thorgeir.

"Why," said the other, "because the prey is now before thy hand. 
The sons of Sigfus rode by a while ago, and mean to sleep the
whole day east in Carlinedale, for they mean to go no farther
to-night than to Headbrink."

After that they rode on their way east on Arnstacks heath, and
there is nothing to be told of their journey before they came to
Carlinedale-water.

The stream was high, and now they rode up along the river, for
they saw there horses with saddles.  They rode now thitherward,
and saw that there were men asleep in a dell and their spears
were standing upright in the ground a little below them.  They
took the spears from them, and threw them into the river.

Then Thorgeir said, "Wilt thou that we wake them?"

"Thou hast not asked this," answers Kari, "because thou hast not
already made up thy mind not to fall on sleeping men, and so to
slay a shameful manslaughter."

After that they shouted to them, and then they all awoke and
grasped at their arms.

They did not fall on them till they were armed.

Thorgeir Craggeir runs thither where Thorkell Sigfus' son stood,
and just then a man ran behind his back, but before he could do
Thorgeir any hurt, Thorgeir lifted the axe, "the ogress of war,"
with both hands, and dashed the hammer of the axe with a back-
blow into the head of him that stood behind him, so that his
skull was shattered to small bits.

"Slain is this one," said Thorgeir; and down the man fell at
once, and was dead.

But when he dashed the axe forward, he smote Thorkell on the
shoulder, and hewed it off, arm and all.

Against Kari came Mord Sigfus' son, and Sigmund Sigfus' son, and
Lambi Sigurd's son; the last ran behind Kari's back, and thrust
at him with a spear; Kari caught sight of him, and leapt up as
the blow fell, and stretched his legs far apart, and so the blow
spent itself on the ground, but Kari jumped down on the spear-
shaft, and snapped it in sunder.  He had a spear in one hand, and
a sword in the other, but no shield.  He thrust with the right
hand at Sigmund Sigfus' son, and smote him on his breast, and the
spear came out between his shoulders, and down he fell and was
dead at once, With his left hand he made a cut at Mord, and smote
him on the hip, and cut it asunder, and his backbone too; he fell
flat on his face, and was dead at once.

After that he turned sharp round on his heel like a whipping-top,
and made at Lambi Sigurd's son, but he took the only way to save
himself, and that was by running away as hard as he could.

Now Thorgeir turns against Leidolf the Strong, and each hewed at
the other at the same moment, and Leidolf's blow was so great
that it shore off that part of the shield on which it fell.

Thorgeir had hewn with "the ogress of war," holding it with both
hands, and the lower horn fell on the shield and clove it in
twain, but the upper caught the collarbone and cut it in two and
tore on down into the breast and trunk.  Kari came up just then,
and cut off Leidolf's leg at mid-thigh, and then Leidolf fell and
died at once.

Kettle of the Mark said, "We will now run for our horses, for we
cannot hold our own here, for the overbearing strength of these
men."

Then they ran for their horses, and leapt on their backs; and
Thorgeir said, "Wilt thou that we chase them?  If so, we shall
yet slay some of them."

"He rides last," says Kari, "whom I would not wish to slay, and
that is Kettle of the Mark, for we have two sisters to wife; and
besides, he has behaved best of all of them as yet in our
quarrels."

Then they got on their horses, and rode till they came home to
Holt.  Then Thorgeir made his brothers fare away east to Skoga,
for they had another farm there, and because Thorgeir would not
that his brothers should be called truce-breakers.

Then Thorgeir kept many men there about him, so that there were
never fewer than thirty fighting men there.

Then there was great joy there, and men thought Thorgeir had
grown much greater, and pushed himself on; both he and Kari too. 
Men long kept in mind this hunting of theirs, how they rode upon
fifteen men and slew those five, but put those ten to flight who
got away.

Now it is to be told of Kettle, that they rode as they best might
till they came home to Swinefell, and told how bad their journey
had been.

Flosi said it was only what was to be looked for; "And this is a
warning that ye should never do the like again."

Flosi was the merriest of men, and the best of hosts, and it is
so said that he had most of the chieftain in him of all the men
of his time.

He was at home that summer, and the winter too.

But that winter, after Yule, Hall of the Side came from the east,
and Kol his son.  Flosi was glad at his coming, and they often
talked about the matter of the burning.  Flosi said they had
already paid a great fine, and Hall said it was pretty much what
he had guessed would come of Flosi's and his friends' quarrel. 
Then he asked him what counsel he thought best to be taken, and
Hall answers, "The counsel is, that thou beest atoned with
Thorgeir if there be a choice, and yet he will be hard to bring
to take any atonement."

"Thinkest thou that the manslaughters will then be brought to an
end?" asks Flosi.

"I do not think so," says Hall; "but you will have to do with
fewer foes if Kari be left alone; but if thou art not atoned with
Thorgeir, then that will be thy bane."

"What atonement shall we offer him?" asks Flosi.

"You will all think that atonement hard," says Hall, "which he
will take, for he will not hear of an atonement unless he be not
called on to pay any fine for what he has just done, but he will
have fines for Njal and his sons, so far as his third share
goes."

"That is a hard atonement," says Flosi.

"For thee at least," says Hall, "that atonement is not hard, for
thou hast not the blood-feud after the sons of Sigfus; their
brothers have the blood-feud, and Hammond the Halt after his son;
but thou shalt now get an atonement from Thorgeir, for I will now
ride to his house with thee, and Thorgeir will in anywise receive
me well: but no man of those who are in this quarrel will dare to
sit in his house on Fleetlithe if they are out of the atonement,
for that will be their bane; and, indeed, with Thorgeir's turn of
mind, it is only what must be looked for."

Now the sons of Sigfus were sent for, and they brought this
business before them; and the end of their speech was, on the
persuasion of Hall, that they all thought what he said right, and
were ready to be atoned.

Grani Gunnar's son and Gunnar Lambi's son, said, "It will be in
our power, if Kari be left alone behind, to take care that he be
not less afraid of us than we of him."

"Easier said than done," says Hall, "and ye will find it a dear
bargain to deal with him.  Ye will have to pay a heavy fine
before you have done with him."

After that they ceased speaking about it.


ENDNOTES:

(1)  "With words alone."  The English proverb, "Threatened men
     live long."
(2)  "Sea crags." Hence Thorgeir got his surname "Craggeir."



146. THE AWARD OF ATONEMENT WITH THORGEIR CRAGGEIR

Hall of the Side and his son Kol, seven of them in all, rode west
over Loomnip's Sand, and so west over Amstacksheath, and did not
draw bridle till they came into Myrdale.  There they asked
whether Thorgeir would be at home at Holt, and they were told
that they would find him at home.

The men asked whither Hall meant to go.

"Thither to Holt," he said.

They said they were sure he went on a good errand.

He stayed there some while and baited their horses, and after
that they mounted their horses and rode to Solheim about even,
and they were there that night, but the day after they rode to
Holt.

Thorgeir was out of doors, and Kari too, and their men, for they
had seen Hall's coming.  He rode in a blue cape, and had a little
axe studded with silver in his hand; but when they came into the
"town," Thorgeir went to meet him, and helped him off his horse,
and both he and Kari kissed him and led him in between them into
the sittingroom, and sate him down in the high seat on the dais,
and they asked him tidings about many things.

He was there that night.  Next morning Hall raised the question
of the atonement with Thorgeir, and told him what terms they
offered him; and he spoke about them with many fair and kindly
words.

"It may be well known to thee," answers Thorgeir, "that I said I
would take no atonement from the burners."

"That was quite another matter then," says Hall; "ye were then
wroth with fight, and, besides, ye have done great deeds in the
way of manslaying since."

"I daresay ye think so," says Thorgeir, "but what atonement do ye
offer to Kari?"

"A fitting atonement shall be offered him," says Hall, "if he
will take it."

Then Kari said, "I pray this of thee, Thorgeir, that thou wilt be
atoned, for thy lot cannot be better than good."

"Methinks," says Thorgeir, "it is ill done to take in atonement,
and sunder myself from thee, unless thou takest the same
atonement as I"

"I will not take any atonement," says Kari, "but yet I say that
we have avenged the burning; but my son, I say, is still
unavenged, and I mean to take that on myself alone, and see what
I can get done."

But Thorgeir would take no atonement before Kari said that he
would take it ill if he were not atoned.  Then Thorgeir
handselled a truce to Flosi and his men, as a step to a meeting
for atonement; but Hall did the same on behalf of Flosi and the
sons of Sigfus.

But ere they parted, Thorgeir gave Hall a gold ring and a scarlet
cloak, but Kari gave him a silver brooch, and there were hung to
it four crosses of gold.  Hall thanked them kindly for their
gifts, and rode away with the greatest honour.  He did not draw
bridle till he came to Swinefell, and Flosi gave him a hearty
welcome.  Hall told Flosi all about his errand and the talk he
had with Thorgeir, and also that Thorgeir would not take the
atonement till Kari told him he would quarrel with him if he did
not take it; but that Kari would take no atonement.

"There are few men like Kari," said Flosi, "and I would that my
mind were shapen altogether like his."

Hall and Kol stayed there some while, and afterwards they rode
west at the time agreed on to the meeting for atonement, and met
at Headbrink, as had been settled between them.

Then Thorgeir came to meet them from the west, and then they
talked over their atonement, and all went off as Hall had said.

Before the atonement, Thorgeir said that Kari should still have
the right to be at his house all the same if he chose.

"And neither side shall do the others any harm at my house; and I
will not have the trouble of gathering in the fines from each of
the burners; but my will is that Flosi alone shall be answerable
for them to me, but he must get them in from his followers.  My
will also is that all that award which was made at the Thing
about the burning shall be kept and held to; and my will also is,
Flosi, that thou payest me up my third share in unclipped coin."

Flosi went quickly into all these terms.

Thorgeir neither gave up the banishment nor the outlawry.

Now Flosi and Hall rode home east, and then Hall said to Flosi,
"Keep this atonement well, son-in-law, both as to going abroad
and the pilgrimage to Rome (1), and the fines, and then thou wilt
be thought a brave man, though thou hast stumbled into this
misdeed, if thou fulfillest handsomely all that belongs to it."

Flosi said it should be so.

Now Hall rode home east, but Flosi rode home to Swinefell, and
was at home afterwards.


ENDNOTES:

(1)  "Pilgrimage to Rome."  This condition had not been mentioned
     before.