The Story of the Confederates
1882 translation into English by John Coles from the original Icelandic 'Bandamanna saga'.
Chapter 5
Now there is to be told that Oddr prepares this case for the "Þing," and summons his neighbours as witnesses. Then it so happened, that one of the summoned expired, and Oddr took another in his stead. Then they went to the "Þing," and all was quiet until the sentences were to be pronounced. And when the courts open, Oddr proceeds with the trial of manslaughter, and speedily succeeds in bringing it to a close, and then the defendant is called upon to begin his pleading. Close by the courts sat the chiefs, Styrmir and Thórarinn, with their bands of men. Then said Styrmir to Thórarinn: "Now the defendant is called on to plead as to this manslaughter; or art thou going to make any protest in this case?"
Answers Thórarinn: "In no way shall I interfere, for it seems to me that Oddr has ample cause for prosecuting on behalf of such a man as Vali was, especially as I consider the accused one of the worst of men."
Said Styrmir: "True it is, that he is not a good man; but thou art under obligation to him."
Said Thórarinn: "I do not care about that."
Answered Styrmir: "Another thing has to be taken into consideration, that your trouble will be far greater and more difficult, should he be found guilty; and it seems to me this is a case that can be defended, and we both see it."
Says Thórarinn: "Long ago did I see that, but for all that, I do not deem it advisable to delay the case."
Answered Styrmir: "The case concerns you more than any one, and it will be said that you behaved unmanly, if the trial proceeds, and the defence is clear; and I certainly maintain, that it would be as well if Oddr knew that more men are worth something than he alone; he crushes us, "Þing"-men and all, under his feet, so that he alone is mentioned; it would do no harm if it were tried how skilled he is in law"
Thórarinn answered: "Thou shalt have thy own way, and thee I will help, but it promises no good, and it will have a bad end." "That cannot be helped," said Styrmir, started up and went to the courts, and asked, what cases there were on. He was told. Styrmir said: "The fact is this, Oddr, that a defence has been found in your case; and thou hast prepared it wrongly; thou hast summoned ten men from home (as witnesses), and that against the law; thou should'st have done that at the 'Þing,' and not in the district; now, do one of the two, either walk away from the courts and leave the matter as it stands, or we will take up the defence." Oddr became silent, and pondered over the matter; he found it was true, and walked away from the courts with his men home to his booth; and as he came into the passage between the booths, a man walked towards him; he was getting into years. He had on a black cape with sleeves, and it was nearly worn out; it only had one sleeve, which was turned over on the back ; he had in his hand a staff with a spike in; he wore his hood low on his forehead, and looked about with a sort of restless glance, stamped his staff down, and walked rather bent. This man was old Úfeigr, Oddr's father. Then said Úfeigr: "And that certainly is not a matter in your favour, that in all things, your goings about, your dealings, are as dashing as they are rash; or is that fellow Úspakr guilty?" "No," answered Oddr, "guilty he is not." "It is not like a chieftain to fool me thus, an old man; for why should he not be guilty -- was the charge not brought home to him?" "Brought home to him, indeed." "What is it then?" said Úfeigr; "I thought the guilt being brought home, might have been enough, or was he not the slayer of Vali?" "No one gainsays that," says Oddr. Said Úfeigr: "Why is the man then not guilty?" Oddr answers: "He brought forth a defence, whereby the case broke down." Quoth Úfeigr, "Why should defence have been found to bring to nought the case of such a wealthy man as thou art?" "They found," said Oddr, "that it had been wrongly started from the beginning." "Impossible," said Úfeigr, "when thou hadst in hand the preparation of it; but perhaps, after all, you are more deft at money-grubbing and voyaging than at arranging affairs in law, so as to avail; yet I cannot help thinking that now you are telling me the untruth." Answered Oddr: "I never mind, then, whether thou believest or not." "May be," said Úfeigr, "but I knew well enough from the beginning, even when thou wentest away from home, that there was a flaw in the starting of the suit, but thou deemedst thyself all sufficient, and wouldst not come down to ask any one's advice; and now I suppose you think that you are still alone sufficient to deal with the matter, in which the one thing to look to is to come out of it successfully, since that is the important thing for one who deems himself above all." Oddr answered: "However that may be, it is clear enough, that from thee there is no help to be looked for."
Said Úfeigr: "And yet the only way to save thy case is to trust in me; or how far wouldst thou grudge thy money now to one who should happen to right thy case?" Oddr answered: "I should never stint the money, if any one could be found to take up the suit." Said Úfeigr: "Then let drop into the hands of an old man a goodly purse, for many men's eyes are given to ogling the coin." Oddr delivered to him a large purse. Then asked Úfeigr: "Was that lawful defence brought into court or not?" "I went too soon from the court to know for sure," said Oddr. "Well then," said Úfeigr, "the only thing that holds, is the one you did unwittingly." At this they parted, and Oddr went home to his booth.
Chapter 6
Now the story is to be taken up, where the old carl, Úfeigr, goes up to the fields and enters the courts. Coming to the Northlanders' Court, he asked what cases were in process there? He was told that some were already awarded, but some ready for summing-up. "How does it stand with the case of my son, Oddr; is that disposed of already?" "Disposed of as far as it will be proceeded with," said they. Quoth Úfeigr, "Is he adjudged guilty, the fellow Úspakr?" "No," said they, "that he is not." "What is the cause?" said Úfeigr." "There was a defence found in the case," said they, "a false start having been made at the outset." "All right," said Úfeigr, "perhaps you will permit me to enter the court." They said yea thereto, and he entered the doom-ring and sat down. Spake Úfeigr: "Is the case of my son, Oddr, awarded?" "Awarded as ever it will be," said they. "How is that?" said Úfeigr; "has a wrong charge been brought forward against Úspakr? Did he not slay Vali sackless? Or lay the flaw in the case not being urgent?" They answered: "There was a defence found in the case, so that it broke down." "What manner of defence may that be?" said Úfeigr. He was told what it was. "So that is it, indeed," said he; "do you see any propriety in giving heed to such things, which are of no worth, and let go unjudged the worst man, being guilty of theft and manslaughter? Is it not a matter of great responsibility to judge one not guilty, who is worthy of death, and thus to pass an utterly unlawful sentence?" They said they did not deem, indeed, that such things were right, but they had to judge the case as the law required. "That may be," said Úfeigr. "Did you take the oath?" said Úfeigr? "Certainly," said they. "I have no doubt you did," said he; "what were the words you used? Were they not somewhat of this import, that you should judge according as you knew the matter to be true, and good in law? Such surely must have been your words." They said that was so. Then spoke Úfeigr: "What is more conformable to truth, than to judge the worst of men guilty and worthy of death, and deprived of all salvation, who is truly found to have committed theft, and to have slain Vali, an innocent man? Now give heed yourselves to this, which is more worth, the words of the oath, which enjoin care as to truth, or that one word, which demands that sentence be good in law? Surely you will see the thing as it is, for you must be able to perceive that it is a great responsibility to judge him free who is worthy of death, having already taken an oath that you would judge according as you knew would be most right? Now you had better look upon this case, or heavy things may fall upon you in consequence, and you may hardly be able to escape the responsibility incurred." Úfeigr let the purse at whiles drop down from under the skirt of his cloak, at whiles he would pull it up again. He perceived that they turned their eyes towards the purse, and he then said to them: "It would be a wise thing to judge according to right and truth, even as you have sworn, and take in return the gratitude and goodwill of reasonable and right-minded men." Thereupon he took forth the purse and poured out the silver, and counted it before them. "Now I will make manifest to you a mark of friendship," said he, "in doing which, I look more to your credit in this matter than to my own interest; the which I do because some of you are my friends, and some my kinsmen, and yet all in such a way now, that necessity demands that each one should look to himself. Now, I will give each man of you who is sitting in judgment an ounce of silver, and half a mark to him who sums up the case. In this manner you may both have the money, and be relieved from responsibility incurred, yet without trespassing upon your oath, which, after all, is the most important part."
Now they considered the case, and find that there is much truth in his discourse, though they perceived that already they had brought themselves into a bad strait as to their free dealing with the oath, and so agreed to accept the condition which was offered them by Úfeigr. Then they had Oddr sent for, and he arrived there just as the chieftains had gone home to their booths. Now the suit is brought up forthwith, and Úspakr is sentenced guilty, and witnesses are called to the sentence being passed. At things thus done, people went away home to their booths. During the night following, no rumours got abroad of what had been done. But at the Mount-of-Laws, in the morning, Oddr stood up and spoke out in a loud voice: "Last night a man, hight Úspakr, was declared guilty in the Court of the Northlanders for the manslaughter of Vali. Let it therefore be said, that the convict is to be known by these marks: he is a man great of growth, of brown hair, large-boned face, dark eyebrows, huge hands, big legs, and an altogether hulking stature, and is one of the most scoundrel-looking of men that eye could be set upon." At this announcement people were very much startled, as many of them had as yet had no news of the affair, and all men thought that Oddr had sternly followed up his suit and brought it to a successful close, considering to what pass the case had come already before.