HOW HIARANDI RECEIVED THE LESSER OUTLAWRY
Hiarandi travelled to the Althing all alone; he had a good horse and
stout clothes, but in nothing was he noticeable, so that men who
passed him on the road gave him only the good-day, yet asked him not
to join their company. And he saw how men of power rode with their
Thingmen behind them, all in colored clothes and well armed. He saw
Hrut, the famous swordsman, how he rode with eleven full-grown sons at
his back, and men besides, so that all thought that a grand sight. And
many others rode to the Althing with great pride. Then Hiarandi
recalled that his own father had ridden in holiday guise to bring his
suits; and as he compared his father's state with his own, he who went
alone and unnoticed, but at home was called the Unlucky, then his
heart was greatly cast down within him.
He came to the Thingvalla, where all the plain was a busy hive of men.
And he found humble lodging at a booth, and stabled his horse under
the cliff, and spent the night alone amid the throng. Then on the
morrow, at midday, he went out to have speech with Snorri. At Snorri's
booth he was told that Snorri was at talk with a client within.
"Then I will wait," said Hiarandi, and sat down on a bench at the
door. But it was bitter to him that he should sit there, a poor
suitor, at the door of his kinsman.
Now he had not sat there long when he heard his own name spoken
within, and he knew the voice of his neighbor Einar. And Einar was
saying, "Thou art not bound to Hiarandi in any way."
Then he heard another voice, the voice of an old man--for Snorri was
advanced in years--saying: "Small enough are the ties between myself
and Hiarandi."
Then Hiarandi rose and walked away. And he forgot all he had promised
his wife, and all she had said to him: how he should forget himself in
struggling for her sake and Rolf's. But that melancholy came over him
which was his greatest weakness.
"I am too late," he said to himself, "for Einar is before me. My case
is lost, and my farm too; for on whose side Snorri is, on that side
has fallen the judgment for this score of years. And the twists of the
law are too hard for me to understand, since meseems right hath no
place in a law-finding. Yet I will defend myself as I may."
Then on the morrow the Althing was opened, and the four Quarter Courts
sat in their places, and the Fifth Court sat at the Hill of Laws. And
Hiarandi, as he went to the court of the Westfirthers, saw where Einar
walked also thither with Snorri, keeping close by his elbow, and
laughing as he talked. Ondott also was there, slinking behind like a
fox. And on that very first day Hiarandi's case was called early.
Now Einar had men of the law as his friends, and they had taught him
what to say. And he opened the case, speaking loud and clearly, and
called on Hiarandi to answer the charges. But Hiarandi stood up alone,
without counsel, and spoke for himself. Soon he saw that the case went
against him. For Einar and his friends knew so much of the law that
their wiles were many, and Hiarandi was soon confused, so that his
answers were not wise. And Einar smiled where he stood, so that he
confused Hiarandi the more. Then Einar demanded judgment unless
Hiarandi had more to say. And he was about to give up his case.
Then came some one and stood at Hiarandi's elbow, and said: "Thou
shouldst demand a stay in the proceedings."
Hiarandi looked at the man, but he was muffled in a cloak, so that his
face was not to be seen. Then Hiarandi asked: "For what reason can I
ask a stay?"
The man replied: "It is always permitted to ask it, to get counsel."
But Hiarandi said: "No counsel can save me here. Let an end come now."
"Foolish art thou," answered the man. "Dost thou forget those at home?
Do as I bid!"
Then Hiarandi asked a stay, and it was granted him until the morrow.
But when he turned to ask the man his advice, he was gone, and
Hiarandi could not see him anywhere. Then he went to beg help of those
versed in the law, but they said he should have come sooner, for they
were now too busy to help him. Once more, thinking again of Asdis and
Rolf, he went to ask help of Snorri the Priest; but he was not at his
booth, and men said he would be at the courts all day. At that
Hiarandi went away again; and he wandered about the Thing-field,
seeing no one whom he could ask for help, but beholding everywhere men
too busy with their own affairs to heed him. At last toward dusk his
courage forsook him once more, and he went and sat down on the bank of
the river, believing his case lost. As he sat there the light grew
dim, and of a sudden he saw at his side the man muffled in the cloak.
"Now is seen," said the man, "the truth of the old saw: 'He that
pleadeth his own cause hath a fool for his client.' For a sound case
hadst thou, but it is well-nigh ruined beyond remedy."
"What should I have done?" asked Hiarandi.
"Thou shouldst have asked aid of Snorri the Priest."
"But he," said Hiarandi, "has been in talk with Einar, who sues me."
"Since when," asked the man, "has Snorri been used to pledge himself
to all who come to him? Hast thou forgotten he is of thy kin?"
"We are both come," said Hiarandi, "from the stock of Gisli the
Outlaw. But if Gisli was his uncle, so also was Gisli the slayer of
his father. So Snorri is both against us and for us by the tie of
blood; and he forgetteth and remembereth as he chooseth, or as his
interest bids."
Then said the man: "Thou givest him no good character. Yet at least
thou couldst have let him have the say, which way his interest lies."
But Hiarandi answered in bitter mood: "Snorri casteth his weight where
is the greater power, that his own strength may grow."
"He would not thank thee should he hear thee," answered the stranger.
"Yet methinks that even in matters which concern his own advancement,
he should be free to choose for himself."
"Now," asked Hiarandi, "shall I go to Snorri and crave his help?"
"Nay," replied the cowled man, "now it is too late. For this evening
Snorri holdeth counsel on weighty matters concerning chiefs from the
south firths, who are to meet him at his booth."
"Why, then," asked Hiarandi, "didst thou persuade me to ask a stay of
judgment? For my fate meets me after all."
"Perhaps even I," said the man, "know more of the law than thou. Now
wilt thou be ruled by me?"
"That I will," answered Hiarandi quickly.
"Then shalt thou do thus and so," said the man. And he instructed
Hiarandi how he should speak on the next day. "And this shalt thou do
even though thou seest Snorri in company with Einar.--Nay, make no
question, for else thou art ruined." And with this the man went away.
In the morning all men go to the courts again; and Hiarandi marks how
Einar walks with Snorri, and they seem merry together, though Einar
laughs the most. Nevertheless, Hiarandi stands up when his case is
called, and does as the cowled man had said, for he demands of Einar
what forfeiture he will name.
"Either," said Einar, "that thou shalt pay down the worth of three
hundreds in silver, or that thou shalt be outlawed."
"Now," said Hiarandi, "it seems hard that so much shall be my
punishment. But wilt thou take this offer, that we handsel this case
to Snorri the Priest, and abide by his finding?"
Einar hesitated. But many standing by said that was fair; moreover,
that was a custom much followed. And again, Einar did not wish the
outlawing of Hiarandi; but he felt sure that Snorri would lay a
blood-fine, which must force Hiarandi to sell his farm. And he thought
his cause was sure, so he said after a moment:
"I will."
So they handselled the suit to Snorri, striking hands together before
the judges, and agreeing to abide by his decision. Then Snorri stood
up to speak. Einar smiled at him that he might remind him of their
companionship, but Snorri smiled not at all.
"Thus it seems to me," he said, and all men listened while he
spoke--for Snorri was one of those who had known the great men of old
time, who had seen the great fight at the Althing after Njal's
Burning, and who had swayed its event. "Thus it seems to me," said
Snorri. "The case of Hiarandi was a good one at the beginning, yet he
has well-nigh spoiled it. But the case of Einar seems strong, yet it
is weak. For he has named as witnesses two men of kin to the slain
man; also he has not called a man who is nearer neighbor than one he
has called. Also these men are neither landholders, nor money owners,
nor owners of sheep or cattle; but they live in Einar's hall at his
expense. Now let Einar say if all these things are not true."
Then Einar had to speak; and he acknowledged that his witnesses, who
should make the jury, were chosen as Snorri had said. Then Snorri set
those men out of the jury, and only six were left.
"Seven men are needed to make the tale of the witnesses complete,"
quoth Snorri. "Therefore it is plain that this case of the slaying
shall fall to the ground, and no atonement shall be paid. But as to
the case of the striking of Ondott, that is another matter; and it is
a case of contempt of the Thing, for one who goes to serve summons in
a suit is free to go and come unscathed, and is under the protection
of the men of the Quarter. Therefore I doom Hiarandi to the lesser
outlawry, after this manner: he shall remain upon his farm for the
space of one year, nor go beyond its limits more than the length of a
bowshot, upon penalty of full outlawing. But shall he become a full
outlaw, then his property, and the inheritance of his son, is not to
be forfeit, but only Hiarandi's life is to be in danger. And such is
my finding." Then Snorri sat him down.
Then men murmured together, discussing the judgment; and all said that
he knew the law to its uttermost quibble, and he knew men as well, for
who told him that the jury was wrongly constituted? And Einar was
wroth, complaining that Snorri was tender of his relative. But
Hiarandi was glad, and a weight fell from him, for he saw how he had
been saved from all that threatened him. He went to Snorri to thank
him.
Snorri took his thanks, and smiled at Hiarandi. "Now is clearly seen,"
quoth he, "how much Snorri thinks of his own honor, and how little of
that of his kinsmen."
Hiarandi had nothing to answer.
"And it is also plain," said Snorri, "how I always favor the rich, but
care nothing for poor men."
"Now I see," said Hiarandi, "that thou wert the man in the cloak."
"Mayest thou perceive as well," responded Snorri, "that thou hast a
friend in the world who will help thee when he can." But he would take
no more thanks, advising Hiarandi to go home and set his affairs in
order, since from the rising of the Althing to its next sitting he
must not quit his farm.
"And take heed," quoth Snorri, "that thou losest not thy life from
carelessness, or from the wiles of thine enemies."
Then Hiarandi betook himself home.