oath, and found our lawful finding, and are all agreed, and we
utter our finding against Flosi, and we say that he is truly
guilty in this suit. We nine men on this inquest of neighbours
so shapen, utter this our finding before the Eastfirthers’ Court
over the head of John, as Mord summoned us to do; but this is the
finding of all of us.”
Again a second time they uttered their finding against Flosi, and
uttered it first about the wounds, and last about the assault,
but all their other words they uttered just as they had before
uttered their finding against Flosi, and brought him in truly
guilty in the suit.
Then Mord Valgard’s son went before the court, and took witness
that those neighbours whom he had summoned in the suit which he
had set on foot against Flosi Thord’s son had now uttered their
finding, and brought him in truly guilty in the suit; he took
witness to this for his own part, or for those who might wish to
make use of this witness.
Again a second time Mord took witness and said, “I take witness
to this that I call on Flosi, or that man who has to undertake
the lawful defence which he has handed over to him, to begin his
defence to this suit which I have set on foot against him, for
now all the steps and proofs have been brought forward which
belong by law to this suit; all witness home, the finding of the
inquest uttered and brought in, witness taken to the finding, and
to all the steps which have gone before; but if any such thing
arises in their lawful defence which I need to turn into a suit
against them, then I claim the right to set that suit on foot
against them. I bid this my lawful bidding before the court, so
that the judges may hear.”
“It gladdens me now, Eyjolf,” said Flosi, “in my heart to think
what a wry face they will make, and how their pates will tingle
when thou bringest forward our defence.”
ENDNOTES:
(1) John for a man, and Gudruna for a woman, were standing names
in the Formularies of the Icelandic code, answering to the
“M or N” in our Liturgy, or to those famous fictions of
English law, “John Doe and Richard Roe.”
(2) “Gossipry,” that is, because they were gossips, “God’s sib”,
relations by baptism.
142. OF EYJOLF BOLVERK’S SON
Then Eyjolf Bolverk’s son went before the court, and took witness
to this, “I take witness that this is a lawful defence in this
cause, that ye have pleaded the suit in the Eastfirthers’ Court,
when ye ought to have pleaded it in the Northlanders’ Court; for
Flosi has declared himself one of the Thingmen of Askel the
Priest and here now are those two witnesses who were by, and who
will bear witness that Flosi handed over his priesthood to his
brother Thorgeir, but afterwards declared himself one of Askel
the Priest’s Thingmen. I take witness to this for my own part,
and for those who may need to make use of it.”
