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