The Story of Burnt Njal: The Great Icelandic Tribune, Jurist, and CounsellorDasent, George Webbe, Sir
General
The Story of Burnt Njal: The Great Icelandic Tribune, Jurist, and Counsellor
Dasent, George Webbe, Sir
Njáll Þorgursson, approximately 930-1011
(1) The true English word for "arbitrator," or "umpire." See
"Job" ix. 33 -- "Neither is there any daysman betwixt us,
that might lay his hand upon us both." See also Holland's
"Translations of Livy", Page 137 -- "A more shameful
precedent for the time to come: namely, that umpires and
dates-men should convert the thing in suit unto their own
and proper vantage."
122. OF THE JUDGES
Then Snorri the Priest spoke thus, "Now are we here twelve
judges to whom these suits are handed over, now I will beg you
all that we may have no stumbling blocks in these suits, so that
they may not be atoned."
"Will ye," said Gudmund, "award either the lesser or the greater
outlawry? Shall they be banished from the district, or from the
whole land?"
"Neither of them," says Snorri, "for those banishments are often
ill fulfilled, and men have been slain for that sake, and
atonements broken, but I will award so great a money fine that no
man shall have had a higher price here in the land than
Hauskuld."
They all spoke well of his words.
Then they talked over the matter, and could not agree which
should first utter how great he thought the fine ought to be, and
so the end of it was that they cast lots, and the lot fell on
Snorri to utter it.
Then Snorri said, "I will not sit long over this, I will now tell
you what my utterance is, I will let Hauskuld be atoned for with
triple manfines, but that is six hundred in silver. Now ye shall
change it, if ye think it too much or too little."
They said that they would change it in nothing.
"This too shall be added," he said, "that all the money shall be
paid down here at the Thing."
Then Gizur the White spoke and said, "Methinks that can hardly
be, for they will not have enough money to pay their fines."
"I know what Snorri wishes," said Gudmund the Powerful, "he wants
that all we daysmen should give such a sum as our bounty will
bestow, and then many will do as we do."
Hall of the Side thanked him, and said he would willingly give as
much as any one else gave, and then all the other daysmen agreed
to that.
After that they went away, and settled between them that Hall
should utter the award at the Hill of Laws.
So the bell was rung, and all men went to the Hill of Laws, and
Hall of the Side stood up and spoke, "In this suit, in which we
have come to an award, we have been all well agreed, and we have
awarded six hundred in silver, and half this sum we the daysmen
will pay, but it must all be paid up here at the Thing. But it
is my prayer to all the people that each man will give something
for God's sake."
All answered well to that, and then Hall took witness to the
award, that no one should be able to break it.
Njal thanked them for their award, but Skarphedinn stood by, and
held his peace, and smiled scornfully.
Then men went from the Hill of Laws and to their booths, but the
daysmen gathered together in the freemen's churchyard the money
which they had promised to give.
Public-domain text, read in full here on John Shaqi.
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