The Story of Burnt Njal Part 57

"It seems to me as though our matters were come to a dead lock, if we are not all to have one and the same law; for if there be a sundering of the laws, then there will be a sundering of the peace, and we shall never be able to live in the land. Now, I will ask both Christian men and heathen whether they will hold to those laws which I utter".

They all say they would.

He said he wished to take an oath of them, and pledges that they would hold to them, and they all said "yea" to that, and so he took pledges from them.

"This is the beginning of our laws," he said, "that all men shall be Christian here in the land, and believe in one G.o.d, the Father, the Son, and the Holy Ghost, but leave off all idol-wors.h.i.+p, not expose children to perish, and not eat horseflesh. It shall be outlawry if such things are proved openly against any man; but if these things are done by stealth, then it shall be blameless."

But all this heathendom was all done away with within a few years'

s.p.a.ce, so that those things were not allowed to be done either by stealth or openly.

Thorgeir then uttered the law as to keeping the Lord's day and fast days, Yuletide and Easter, and all the greatest highdays and holidays.

The heathen men thought they had been greatly cheated; but still the true faith was brought into the law, and so all men became Christian here in the land.

After that men fare home from the Thing.

CHAPTER CII.

THE WEDDING OF HAUSKULD, THE PRIEST OF WHITENESS.

Now we must take up the story, and say that Njal spoke thus to Hauskuld, his foster-son, and said--

"I would seek thee a match."

Hauskuld bade him settle the matter as he pleased, and asked whether he was most likely to turn his eyes.

"There is a woman called Hildigunna," answers Njal, "and she is the daughter of Starkad, the son of Thord Freyspriest. She is the best match I know of."

"See thou to it, foster-father," said Hauskuld; "that shall be my choice which thou choosest."

"Then we will look thitherward," says Njal.

A little while after, Njal called on men to go along with him. Then the sons of Sigfus, and Njal's sons, and Kari Solmund's son, all of them fared with him and they rode east to Swinefell.

There they got a hearty welcome.

The day after, Njal and Flosi went to talk alone, and the speech of Njal ended thus, that he said--

"This is my errand here, that we have set out on a wooing-journey, to ask for thy kinswoman Hildigunna."

"At whose hand?" says Flosi.

"At the hand of Hauskuld my foster-son," says Njal.

"Such things are well meant," says Flosi, "but still ye run each of you great risk, the one from the other; but what hast thou to say of Hauskuld?"

"Good I am able to say of him," says Njal; "and besides, I will lay down as much money as will seem fitting to thy niece and thyself, if thou wilt think of making this match."

"We will call her hither," says Flosi, "and know how she looks on the man."

Then Hildigunna was called, and she came thither.

Flosi told her of the wooing, but she said she was a proud-hearted woman.

"And I know not how things will turn out between me and men of like spirit; but this, too, is not the least of my dislike, that this man has no priesthood or leaders.h.i.+p over men, but thou hast always said that thou wouldest not wed me to a man who had not the priesthood."

"This is quite enough," says Flosi, "if thou wilt not be wedded to Hauskuld, to make me take no more pains about the match."

"Nay!" she says, "I do not say that I will not be wedded to Hauskuld if they can get him a priesthood or a leaders.h.i.+p over men; but otherwise I will have nothing to say to the match."

"Then," said Njal, "I will beg thee to let this match stand over for three winters, that I may see what I can do."

Flosi said that so it should be.

"I will only bargain for this one thing," says Hildigunna, "if this match comes to pa.s.s, that we shall stay here away east."

Njal said he would rather leave that to Hauskuld, but Hauskuld said that he put faith in many men, but in none so much as his foster-father.

Now they ride from the east.

Njal sought to get a priesthood and leaders.h.i.+p for Hauskuld, but no one was willing to sell his priesthood, and now the summer pa.s.ses away till the Althing.

There were great quarrels at the Thing that summer, and many a man then did as was their wont, in faring to see Njal; but he gave such counsel in men's lawsuits as was not thought at all likely, so that both the pleadings and the defence came to naught, and out of that great strife arose, when the lawsuits could not be brought to an end, and men rode home from the Thing unatoned.

Now things go on till another Thing comes. Njal rode to the Thing, and at first all is quiet until Njal says that it is high time for men to give notice of their suits.

Then many said that they thought that came to little, when no man could get his suit settled, even though the witnesses were summoned to the Althing, "and so," say they, "we would rather seek our rights with point and edge."

"So it must not be," says Njal, "for it will never do to have no law in the land. But yet ye have much to say on your side in this matter, and it behoves us who know the law, and who are bound to guide the law, to set men at one again, and to ensue peace. 'Twere good counsel, then, methinks, that we call together all the chiefs and talk the matter over."

Then they go to the Court of Laws, and Njal spoke and said--

"Thee, Skapti Thorod's son and you other chiefs, I call on, and say, that methinks our lawsuits have come into a deadlock, if we have to follow up our suits in the Quarter Courts, and they get so entangled that they can neither be pleaded nor ended. Methinks, it were wiser if we had a Fifth Court, and there pleaded those suits which cannot be brought to an end in the Quarter Courts."

"How," said Skapti, "wilt thou name a Fifth Court, when the Quarter Court is named for the old priesthoods, three twelves in each quarter?"

"I can see help for that," says Njal, "by setting up new priesthoods, and filling them with the men who are best fitted in each Quarter, and then let those men who are willing to agree to it, declare themselves ready to join the new priest's Thing."

"Well," says Skapti, "we will take this choice; but what weighty suits shall come before the court?"

"These matters shall come before it," says Njal--"all matters of contempt of the Thing, such as if men bear false witness, or utter a false finding; hither, too, shall come all those suits in which the Judges are divided in opinion in the Quarter Court; then they shall be summoned to the Fifth Court; so, too, if men offer bribes, or take them, for their help in suits. In this court all the oaths shall be of the strongest kind, and two men shall follow every oath, who shall support on their words of honour what the others swear. So it shall be also, if the pleadings on one side are right in form, and the other wrong, that the judgment shall be given for those that are right in form. Every suit in this court shall be pleaded just as is now done in the Quarter Court, save and except that when four twelves are named in the Fifth Court, then the plaintiff shall name and set aside six men out of the court, and the defendant other six; but if he will not set them aside, then the plaintiff shall name them and set them aside as he has done with his own six; but if the plaintiff does not set them aside, then the suit comes to naught, for three twelves shall utter judgment on all suits. We shall also have this arrangement in the Court of Laws, that those only shall have the right to make or change laws who sit on the middle bench, and to this bench those only shall be chosen who are wisest and best. There, too, shall the Fifth Court sit; but if those who sit in the Court of Laws are not agreed as to what they shall allow or bring in as law, then they shall clear the court for a division, and the majority shall bind the rest; but if any man who has a seat in the Court be outside the Court of Laws and cannot get inside it, or thinks himself overborne in the suit, then he shall forbid them by a protest, so that they can hear it in the Court, and then he has made all their grants and all their decisions void and of none effect, and stopped them by his protest."

After that, Skapti Thorod's son brought the Fifth Court into the law, and all that was spoken of before. Then men went to the Hill of Laws, and men set up new priesthoods: in the Northlanders' Quarter were these new priesthoods. The priesthood of the Melmen in Midfirth, and the Laufesingers' priesthood in the Eyjafirth.