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 pa.s.s judgment."
Now Flosi said to Eyjolf, "What counsel is to be taken now?"
Then Eyjolf said, "Now we must make the best of a bad business; but still, we will bide our time, for now I guess that they will make a false step in their suit, for Mord prayed for judgment at once in the suit, but they ought to call and set aside six men out of the court, and after that they ought to offer us to call and set aside six other men, but we will not do that, for then they ought to call and set aside those six men, and they will perhaps overlook that; then all their case has come to naught if they do not do that, for three twelves have to judge in every cause".
"Thou art a wise man, Eyjolf," said Flosi, "so that few can come nigh thee."
Mord Valgard"s son took witness.
"I take witness," he said, "to this, that I call and set aside these six men out of the court"--and named them all by name--"I do not allow you to sit in the court; I call you out and set you aside by the rightful custom of the Althing, and the law of the land."
After that he offered Eyjolf and Flosi, before witnesses, to call out by name and set aside other six men, but Flosi and Eyjolf would not call them out.
Then Mord made them pa.s.s judgment in the cause; but when the judgment was given, Eyjolf took witness, and said that all their judgment had come to naught, and also everything else that had been done, and his ground was that three twelves and one half had judged, when three only ought to have given judgment.
"And now we will follow up our suits before the Fifth Court," said Eyjolf, "and make them outlaws."
Then Gizur the white said to Mord Valgard"s son--
"Thou hast made a very great mistake in taking such a false step, and this is great ill-luck; but what counsel shall we now take, kinsman Asgrim?" says Gizur.
Then Asgrim said--"Now we will send a man to my son Thorhall, and know what counsel he will give us".
CHAPTER CXLIV.
BATTLE AT THE ALTHING.
Now Snorri the priest hears how the causes stood, and then he begins to draw up his men in array below the "Great Rift," between it and Hadbooth, and laid down beforehand to his men how they were to behave.
Now the messenger comes to Thorhall Asgrim"s son, and tells him how things stood, and how Mord Valgard"s son and his friends would all be made outlaws, and the suits for manslaughter be brought to naught.
But when he heard that, he was so shocked at it that he could not utter a word. He jumped up then from his bed, and clutched with both hands his spear, Skarphedinn"s gift, and drove it through his foot; then flesh clung to the spear, and the eye of the boil too, for he had cut it clean out of the foot, but a torrent of blood and matter poured out, so that it fell in a stream along the floor. Now he went out of the booth unhalting, and walked so hard that the messenger could not keep up with him, and so he goes until he came to the Fifth Court. There he met Grim the red, Flosi"s kinsman, and as soon as ever they met, Thorhall thrust at him with the spear, and smote him on the shield and clove it in twain, but the spear pa.s.sed right through him, so that the point came out between his shoulders. Thorhall cast him off his spear.
Then Kari Solmund"s son caught sight of that, and said to Asgrim--
"Here, now, is come Thorhall thy son, and has straightway slain a man, and this is a great shame, if he alone shall have the heart to avenge the Burning."
"That shall not be," says Asgrim, "but let us turn on them now."
Then there was a mighty cry all over the host, and then they shouted their war-cries.
Flosi and his friends then turned against their foes, and both sides egged on their men fast.
Kari Solmund"s son turned now thither where Arni Kol"s son and Hallbjorn the strong were in front, and as soon as ever Hallbjorn saw Kari, he made a blow at him, and aimed at his leg, but Kari leapt up into the air, and Hallbjorn missed him. Kari turned on Arni Kol"s son and cut at him, and smote him on the shoulder, and cut asunder the shoulder blade and collar bone, and the blow went right down into his breast, and Arni fell down dead at once to earth.
After that he hewed at Hallbjorn and caught him on the shield, and the blow pa.s.sed through the shield, and so down and cut off his great toe.
Holmstein hurled a spear at Kari, but he caught it in the air, and sent it back, and it was a man"s death in Flosi"s band.
Thorgeir Craggeir came up to where Hallbjorn the strong was in front, and Thorgeir made such a spear-thrust at him with his left hand that Hallbjorn fell before it, and had hard work to get on his feet again, and turned away from the fight there and then. Then Thorgeir met Thorwalld Kettle rumble"s son, and hewed at him at once with the axe, "the ogress of war," which Skarphedinn had owned. Thorwalld threw his shield before him, and Thorgeir hewed the shield and cleft it from top to bottom, but the upper horn of the axe made its way into his breast, and pa.s.sed into his trunk, and Thorwalld fell and was dead at once.
Now it must be told how Asgrim Ellidagrim"s son, and Thorhall his son, Hjallti Skeggi"s son, and Gizur the white, made an onslaught where Flosi and the sons of Sigfus, and the other Burners were; then there was a very hard fight, and the end of it was that they pressed on so hard, that Flosi and his men gave way before them. Gudmund the powerful, and Mord Valgard"s son, and Thorgeir Craggeir, made their onslaught where the Axefirthers and Eastfirthers, and the men of Reykdale stood, and there too there was a very hard fight.
Kari Solmund"s son came up where Bjarni Broddhelgi"s son had the lead.
Kari caught up a spear and thrust at him, and the blow fell on his shield. Bjarni slipped the shield on one side of him, else it had gone straight through him. Then he cut at Kari and aimed at his leg, but Kari drew back his leg and turned short round on his heel, and Bjarni missed him. Kari cut at once at him, and then a man ran forward and threw his shield before Bjarni. Kari cleft the shield in twain, and the point of the sword caught his thigh, and ripped up the whole leg down to the ankle. That man fell there and then, and was ever after a cripple so long as he lived.
Then Kari clutched his spear with both hands, and turned on Bjarni and thrust at him; he saw he had no other chance but to throw himself down side-long away from the blow, but as soon as ever Bjarni found his feet, away he fell back out of the fight.
Thorgeir Craggeir and Gizur the white fell on there where Holmstein the son of Bersi the wise, and Thorkel Geiti"s son were leaders, and the end of the struggle was, that Holmstein and Thorkel gave way, and then arose a mighty hooting after them from the men of Gudmund the powerful.
Thorwalld Tjorfi"s son of Light.w.a.ter got a great wound; he was shot in the forearm, and men thought that Halldor Gudmund the powerful"s son had hurled the spear, but he bore that wound about with him all his life long, and got no atonement for it.
Now there was a mighty throng. But though we hear tell of some of the deeds that were done, still there are far many more of which men have handed down no stories.
Flosi had told them that they should make for the stronghold in the Great Rift if they were worsted, "for there," said he, "they will only be able to attack us on one side". But the band which Hall of the Side and his son Ljot led, had fallen away out of the fight before the onslaught of that father and son, Asgrim and Thorhall. They turned down east of Axewater, and Hall said--
"This is a sad state of things when the whole host of men at the Thing fight, and I would, kinsman Ljot, that we begged us help even though that be brought against us by some men, and that we part them. Thou shalt wait for me at the foot of the bridge, and I will go to the booths and beg for help."
"If I see," said Ljot, "that Flosi and his men need help from our men, then I will at once run up and aid them."
"Thou wilt do in that as thou pleasest," says Hall, "but I pray thee to wait for me here."
Now flight breaks out in Flosi"s band, and they all fly west across Axewater; but Asgrim and Gizur the white went after them and all their host. Flosi and his men turned down between the river and the Outwork booth. Snorri the priest had drawn up his men there in array, so thick that they could not pa.s.s that way, and Snorri the priest called out then to Flosi--
"Why are ye in such haste, or who chase you?"
"Thou askest not this," answered Flosi, "because thou dost not know it already; but whose fault is it that we cannot get to the stronghold in the Great Rift?"
"It is not my fault," says Snorri, "but it is quite true that I know whose fault it is, and I will tell thee if thou wilt; it is the fault of Thorwalld cropbeard and Kol."
They were both then dead, but they had been the worst men in all Flosi"s band.
Again Snorri said to his men--
"Now do both, cut at them and thrust at them, and drive them away hence, they will then hold out but a short while here, if the others attack them from below; but then ye shall not go after them, but let both sides shift for themselves."
The son of Skapti Thorod"s son was Thorstein gapemouth, as was written before, he was in the battle with Gudmund the powerful, his father-in-law, and as soon as Skapti knew that, he went to the booth of Snorri the priest, and meant to beg for help to part them; but just before he had got as far as the door of Snorri"s booth, there the battle was hottest of all. Asgrim and his friends and his men were just coming up thither, and then Thorhall said to his father Asgrim--