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