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."
With a like summons he summoned Eyjolf Bolverk's son, for that he
had taken and received the money, and he summoned him for that
sake to the Fifth Court.
Again a second time he summoned Flosi and Eyjolf, for that sake
that they had brought forward that witness at the Thing which had
nothing lawfully to do with the cause of the parties, and had so
been guilty of contempt of the Thing; and he laid the penalty for
that at lesser outlawry.
Then they went away to the Court of Laws, there the Fifth Court
was then set.
Now when Mord and Asgrim had gone away, then the judges in the
Eastfirthers' Court could not agree how they should give
judgment, for some of them wished to give judgment for Flosi, but
some for Mord and Asgrim. Then Flosi and Eyjolf tried to divide
the court, and there they stayed, and lost time over that while
the summoning at the Hill of Laws going on. A little while after
Flosi and Eyjolf were told that they had been summoned at the
Hill of Laws into the Fifth Court, each of them with two summons.
Then Eyjolf said, "In an evil hour have we loitered here while
they have been before us in quickness of summoning. Now hath
come out Thorhall's cunning, and no man is his match in wit. Now
they have the first right to plead their cause before the court,
and that was everything for them; but still we will go to the
Hill of Laws, and set our suit on foot against them, though that
will now stand us in little stead."
Then they fared to the Hill of Laws, and Eyjolf summoned them for
contempt of the Thing.
After that they went to the Fifth Court.
Now we must say that when Mord and Asgrim came to the Fifth
Court, Mord took witness and bade them listen to his oath and the
declaration of his suit, and to all those proofs and steps which
he meant to bring forward against Flosi and Eyjolf. He bade them
by a lawful bidding before the court, so that the judges could
hear him across the court.
In the Fifth Court vouchers had to follow the oaths of the
parties, and they had to take an oath after them.
Mord took witness. "I take witness," he said, "to this, that I
take a Fifth Court oath. I pray God so to help me in this light
and in the next, as I shall plead this suit as I know to be most
truthful, and just, and lawful. I believe with all my heart that
Flosi is truly guilty in this suit, if I may bring forward my
proofs; and I have not brought money into this court in this
suit, and I will not bring it. I have not taken money, and I
will not take it, neither for a lawful nor for an unlawful end."
The men who were Mord's vouchers then went two of them before the
court, and took witness to this -- "We take witness that we take
an oath on the book, a lawful oath; we pray God so to help us two
in this light and in the next, as we lay it on our honour that we
believe with all our hearts that Mord will so plead this suit as
he knows to be most truthful, and most just, and most lawful, and
that he hath not brought money into this court in this suit to
help himself, and that he will not offer it, and that he hath not
taken money, nor will he take it, either for a lawful or unlawful
end."
Mord had summoned nine neighbours who lived next to the
Thingfield on the inquest in the suit, and then Mord took
witness, and declared those four suits which he had set on foot
against Flosi and Eyjolf; and Mord used all those words in his
declaration that he had used in his summons. He declared his
suits for outlawry in the same shape before the Fifth Court as he
had uttered them when he summoned the defendants.
Mord took witness, and bade those nine neighbours on the inquest
to take their seats west on the river bank.
Mord took witness again, and bade Flosi and Eyjolf to challenge
the inquest.
They went up to challenge the inquest, and looked narrowly at
them, but could get none of them set aside; then they went away
as things stood, and were very ill pleased with their case.
Then Mord took witness, and bade those nine neighbours whom he
had before called on the inquest, to utter their finding, and to
bring it in either for or against Flosi.
Then the neighbours on Mord's inquest came before the court, and
one uttered the finding, but all the rest confirmed it by their
consent. They had all taken the Fifth Court oath, and they
brought in Flosi as truly guilty in the suit, and brought in
their finding against him. They brought it in such a shape
before the Fifth Court over the head of the same man over whose
head Mord had already declared his suit. After that they brought
in all those findings which they were bound to bring in all the
other suits, and all was done in lawful form.
Eyjolf Bolverk's son and Flosi watched to find a flaw in the
proceedings, but could get nothing done.
Then Mord Valgard's son took witness. "I take witness," said he,
"to this, that these nine neighbours whom I called on these suits
which I have had hanging over the heads of Flosi Thord's son, and
Eyjolf Bolverk's son, have now uttered their finding, and have
brought them in truly guilty in these suits."
He took this witness for his own part.
Again Mord took witness. "I take witness," he said, "to this,
that I bid Flosi Thord's son, or that other man who has taken his
lawful defence in hand, now to begin their defence; for now all
the steps and proofs have been brought forward in the suit,
summons to listen to oaths, oaths taken, suit declared, witness
taken to the summons, neighbours called on to take their seats on
the inquest, defendant called on to challenge the inquest,
finding uttered, witness taken to the finding."
He took this witness to all the steps that had been taken in the
suit.
Then that man stood up over whose head the suit had been declared
and pleaded, and summed up the case. He summed up first how Mord
had bade them listen to his oath, and to his declaration of the
suit, and to all the steps and proofs in it; then he summed up
next how Mord took his oath and his vouchers theirs; then he
summed up how Mord pleaded his suit, and used the very words in
his summing up that Mord had before used in declaring and
pleading his suit, and which he had used in his summons, and he
said that the suit came before the Fifth Court in the same shape
as it was when he uttered it at the summoning. Then he summed up
that men had borne witness to the summoning, and repeated all
those words that Mord had used in his summons, and which they had
used in bearing their witness, "and which I now," he said, "have
used in my summing up, and they bore their witness in the same
shape before the Fifth Court as he uttered them at the
summoning." After that he summed up that Mord bade the
neighbours on the inquest to take their seats, then he told next
of all how he bade Flosi to challenge the inquest, or that man
who had undertaken this lawful defence for him; then he told how
the neighbours went to the court, and uttered their finding, and
brought in Flosi truly guilty in the suit, and how they brought
in the finding of an inquest of nine men in that shape before the
Fifth Court. Then he summed up how Mord took witness to all the
steps in the suit, and how he had bidden the defendant to begin
his defence.
After that Mord Valgard's son took witness. "I take witness," he
said, "to this, that I forbid Flosi Thord's son, or that other
man who has undertaken the lawful defence for him, to set up his
defence; for now are all the steps taken which belong to the
suit, when the case has been summed up and the proofs repeated."
After that the foreman added these words of Mord to his summing
up.
Then Mord took witness, and prayed the judges to give judgment in
this suit.
Then Gizur the White said, "Thou wilt have to do more yet, Mord,
for four twelves can have no right to pass judgment."