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121. OF THE AWARD OF ATONEMENT BETWEEN FLOSI AND NJAL

Then Njal stood up and said, "This I pray, Hall of the Side, and Flosi, and all the sons of Sigfus, and all our men, too, that ye will not go away but listen to my words."

They did so, and then he spoke thus: "It seems to me as though this suit were come to naught, and it is likely it should, for it hath sprung from an ill root. I will let you all know that I loved Hauskuld more than my own sons, and when I heard that he was slain, methought the sweetest light of my eyes was quenched, and I would rather have lost all my sons, and that he were alive.

Now I ask thee, Hall of the Side, and thee Runolf of the Dale, and thee Hjallti Skeggi's son, and thee Einar of Thvera, and thee Hafr the Wise, that I may be allowed to make an atonement for the slaying of Hauskuld on my son's behalf; and I wish that those men who are best fitted to do so shall utter the award."

Gizur, and Hafr, and Einar, spoke each on their own part, and prayed Flosi to take an atonement, and promised him their friendship in return.

Flosi answered them well in all things, but still did not give his word.

Then Hall of the Side said to Flosi, "Wilt thou now keep thy word, and grant me my boon which thou hast already promised me, when I put beyond sea Thorgrim, the son of Kettle the Fat, thy kinsman, when he had slain Halli the Red."

"I will grant it thee, father-in-law," said Flosi, "for that alone wilt thou ask which will make my honour greater than it erewhile was."

"Then," said Hall, "my wish is that thou shouldst be quickly atoned, and lettest good men and true make an award, and so buy the friendship of good and worthy men."

"I will let you all know," said Flosi, "that I will do according to the word of Hall, my father-in-law, and other of the worthiest men, that he and others of the best men on each side, lawfully named, shall make this award. Methinks Njal is worthy that I should grant him this."

Njal thanked him and all of them, and others who were by thanked them too, and said that Flosi had behaved well.

Then Flosi said, "Now will I name my daysmen (1): First, I name Hall, my father-in-law; Auzur from Broadwater; Surt Asbjorn's son of Kirkby; Modolf Kettle's son," -- he dwelt then at Asar -- "Hafr the Wise; and Runoff of the Dale; and it is scarce worth while to say that these are the fittest men out of all my company."

Now he bade Njal to name his daysmen, and then Njal stood up, and said, "First of these I name, Asgrim Ellidagrim's son; and Hjallti Skeggi's son; Gizur the White; Einar of Thvera; Snorri the Priest; and Gudmund the Powerful."

After that Njal and Flosi, and the sons of Sigfus shook hands, and Njal pledged his hand on behalf of all his sons, and of Kari, his son-in-law, that they would hold to what those twelve men doomed; and one might say that the whole body of men at the Thing was glad at that.

Then men were sent after Snorri and Gudmund, for they were in their booths.

Then it was given out that the judges in this award would sit in the Court of Laws, but all the others were to go away.

ENDNOTES:

(1) The true English word for "arbitrator," or " umpire." See "Job" ix. 33 -- "Neither is there any daysman betwixt us, that might lay his hand upon us both." See also Holland's "Translations of Livy", Page 137 -- "A more shameful precedent for the time to come: namely, that umpires and dates-men should convert the thing in suit unto their own and proper vantage." Back



122. OF THE JUDGES

Then Snorri the Priest spoke thus, "Now are we here twelve judges to whom these suits are handed over, now I will beg you all that we may have no stumbling blocks in these suits, so that they may not be atoned."

"Will ye," said Gudmund, "award either the lesser or the greater outlawry? Shall they be banished from the district, or from the whole land?"

"Neither of them," says Snorri, "for those banishments are often ill fulfilled, and men have been slain for that sake, and atonements broken, but I will award so great a money fine that no man shall have had a higher price here in the land than Hauskuld."

They all spoke well of his words.

Then they talked over the matter, and could not agree which should first utter how great he thought the fine ought to be, and so the end of it was that they cast lots, and the lot fell on Snorri to utter it.

Then Snorri said, "I will not sit long over this, I will now tell you what my utterance is, I will let Hauskuld be atoned for with triple manfines, but that is six hundred in silver. Now ye shall change it, if ye think it too much or too little."

They said that they would change it in nothing.

"This too shall be added," he said, "that all the money shall be paid down here at the Thing."

Then Gizur the White spoke and said, "Methinks that can hardly be, for they will not have enough money to pay their fines."

"I know what Snorri wishes," said Gudmund the Powerful, "he wants that all we daysmen should give such a sum as our bounty will bestow, and then many will do as we do."

Hall of the Side thanked him, and said he would willingly give as much as any one else gave, and then all the other daysmen agreed to that.

After that they went away, and settled between them that Hall should utter the award at the Hill of Laws.

So the bell was rung, and all men went to the Hill of Laws, and Hall of the Side stood up and spoke, "In this suit, in which we have come to an award, we have been all well agreed, and we have awarded six hundred in silver, and half this sum we the daysmen will pay, but it must all be paid up here at the Thing. But it is my prayer to all the people that each man will give something for God's sake."

All answered well to that, and then Hall took witness to the award, that no one should be able to break it.

Njal thanked them for their award, but Skarphedinn stood by, and held his peace, and smiled scornfully.

Then men went from the Hill of Laws and to their booths, but the daysmen gathered together in the freemen's churchyard the money which they had promised to give.

Njal's sons handed over that money which they had by them, and Kari did the same, and that came to a hundred in silver.

Njal took out that money which he had with him, and that was another hundred in silver.

So this money was all brought before the Hill of Laws, and then men gave so much, that not a penny was wanting.

Then Njal took a silken scarf and a pair of boots and laid them on the top of the heap.

After that, Hall said to Njal, that he should go to fetch his sons, "But I will go for Flosi, and now each must give the other pledges of peace."

Then Njal went home to his booth, and spoke to his sons and said, "Now are our suits come into a fair way of settlement, now are we men atoned, for all the money has been brought together in one place; and now either side is to go and grant the other peace and pledges of good faith. I will therefore ask you this, my sons, not to spoil these things in any way."

Skarphedinn stroked his brow, and smiled scornfully. So they all go to the Court of Laws.

Hall went to meet Flosi and said, "Go thou now to the Court of Laws, for now all the money has been bravely paid down, and it has been brought together in one place."

Then Flosi bade the sons of Sigfus to go up with him, and they all went out of their booths. They came from the east, but Njal went from the west to the Court of Laws, and his sons with him.

Skarphedinn went to the middle bench and stood there.

Flosi went into the Court of Laws to look closely at the money, and said, "This money is both great and good, and well paid down, as was to be looked for."

After that he took up the scarf, and waved it, and asked, "Who may have given this?"

But no man answered him.

A second time he waved the scarf, and asked, "Who may have given this?" and laughed, but no man answered him.

Then Flosi said, "How is it that none of you knows who has owned this gear, or is it that none dares to tell me?"

"Who?" said Skarphedinn, "dost thou think, has given it?"

"If thou must know," said Flosi, "then I will tell thee; I think that thy father the `Beardless Carle' must have given it, for many know not who look at him whether he is more a man than a woman."

"Such words are ill-spoken," said Skarphedinn, "to make game of him, an old man, and no man of any worth has ever done so before.

Ye may know, too, that he is a man, for he has had sons by his wife, and few of our kinsfolk have fallen unatoned by our house, so that we have not had vengeance for them."

Then Skarphedinn took to himself the silken scarf, but threw a pair of blue breeks to Flosi, and said he would need them more.

"Why," said Flosi, "should I need these more?"

"Because," said Skarphedinn, "thou art the sweetheart of the Swinefell's goblin, if, as men say, he does indeed turn thee into a woman every ninth night."

Then Flosi spurned the money, and said he would not touch a penny of it, and then he said he would only have one of two things: either that Hauskuld should fall unatoned, or they would have vengeance for him.

Then Flosi would neither give nor take peace, and he said to the sons of Sigfus, "Go we now home; one fate shall befall us all."

Then they went home to their booth, and Hall said, "Here most unlucky men have a share in this suit."

Njal and his sons went home to their booth, and Njal said, "Now comes to pass what my heart told me long ago, that this suit would fall heavy on us."

"Not so," says Skarphedinn; "they can never pursue us by the laws of the land."

"Then that will happen," says Njal, "which will be worse for all of us."

Those men who had given the money spoke about it, and said that they should take it back; but Gudmund the Powerful said, "That shame I will never choose for myself, to take back what I have given away, either here or elsewhere."

"That is well spoken," they said; and then no one would take it back.

Then Snorri the Priest said, "My counsel is, that Gizur the White and Hjallti Skeggi's son keep the money till the next Althing; my heart tells me that no long time will pass ere there may be need to touch this money."

Hjallti took half the money and kept it safe, but Gizur took the rest.

Then men went home to their booths.