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
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.
Public-domain text, read in full here on John Shaqi.
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