Odd answered, ‘It’s more than plain that there will be no help from you.’
Ofeig said, ‘The only hope in your situation is for you to make use of my help. How reluctant would you be to pay out if someone rectified your case?’
‘I would spare no money,’ Odd replied, ‘if someone would take over the case.’
‘Then hand over a reasonably plump purse to this old man,’ said Ofeig, ‘because many eyes squint when there’s money around.’
Odd gave him a heavy purse. Then Ofeig asked, ‘Was the defence formally made or not?’
‘We walked out of the court first,’ said Odd.
Ofeig answered, ‘The only useful step you made was taken in ignorance.’
Then they parted, and Odd went back to his booth.
6 Now to go back to old Ofeig: he went up to the upper fields of the Thing site and to the courts. He came to the court for the North Quarter and asked how people’s cases were going. He was told that some had been judged and some were ready for summing up.
‘What about the case of my son Odd? Has that been dealt with?’
‘As much as it ever will be,’ they said.
Ofeig asked, ‘Has Ospak been outlawed?’
‘No,’ they said, ‘he hasn’t.’
‘For what reason?’ asked Ofeig.
‘A legal defence was found,’ they said, ‘that the case had been wrongly prepared.’
‘Ah yes,’ said Ofeig. ‘Will you permit me to enter the court?’
They agreed, so he went into the judgement circle and sat down.
‘Has the case of my son Odd been judged?’ said Ofeig.
‘As much as it ever will be,’ they said.
‘For what reason?’ asked Ofeig. ‘Was Ospak falsely accused? Didn’t he kill Vali, an innocent man? Was the impediment that the case was not important?’
They said, ‘A legal defence was established and the case collapsed.’
‘What sort of defence was it?’ asked Ofeig.
They told him.
‘Quite so,’ he said. ‘Did there seem to you any kind of justice in paying attention to such a triviality instead of condemning a thoroughly bad man, a thief and a murderer? Isn’t it a serious responsibility to acquit someone who deserves death and thus judge in contradiction to justice?’
They said that they thought it unjust, but that it was required of them by law.
‘Maybe so,’ said Ofeig. ‘Did you swear the oath?’
‘Of course,’ they said.
‘You must have done,’ he said. ‘And what form of words did you use? Wasn’t it on these lines, that you would judge as truthfully and fairly and lawfully as you knew how? You must have said that.’
They agreed that he was right.
‘But what could be truer or fairer,’ said Ofeig then, ‘than to condemn a thoroughly bad man to outlawry, to be killed with impunity and denied all help, when he has been clearly proved guilty of theft and of killing an innocent man, namely Vali? As to the third point in the oath, that may be bending things a bit. But think seriously for yourselves what is more important, the two terms touching truth and fairness or the one referring to the law? Then you’ll see things as they are, because you must be able to see that it is a heavier responsibility to acquit someone who deserves death, when you have sworn an oath to judge as fairly as you knew how. One might consider that this responsibility will fall heavily on you, and you can’t wriggle out of it.’
From time to time Ofeig let the purse slip down below his cape and then pulled it up again.
When he saw that they were following the purse with their eyes, he said to them, ‘You’d be better advised to judge fairly and truly, as you have sworn, and so get in return the thanks and gratitude of all prudent and right-thinking men.’
Then he took the purse and emptied it out and counted the silver in front of them.
‘Now I want to show you a token of friendship,’ he said, ‘though I can see more in this for you than for me. I’m doing this because some of you are my friends and some are related to me, though not so closely but that each should look to his own advantage. I intend to give an ounce of silver to every judge sitting in this court and half a mark to the one who sums up in the case, and then you will both have the money and rid yourselves of the responsibility and, most important of all, avoid breaking your sworn word.’
They considered the matter and found his arguments plausible, and thought they had been in danger of breaking their oaths, so they chose to accept Ofeig’s offer. Then they sent at once for Odd, and he came, but Styrmir and Thorarin had gone back to their booths by then. Now the case was immediately resumed, and Ospak was sentenced to outlawry; and then witnesses were named to testify that sentence had been delivered. At this juncture people went home to their booths.
News of this did not spread that night, but next morning Odd stood up at the Law Rock and announced loudly: ‘A man named Ospak was declared an outlaw last night in the North Quarter Court for the killing of Vali. This is the outlaw’s description: he is a big, manly-looking man, with brown hair and strongly marked cheekbones. He has dark eyebrows, big hands and thick legs. His whole build is uncommonly big and he has a thoroughly criminal appearance.’
People were taken very much by surprise, for many had had no news of this beforehand. Odd was thought to have pressed his case with determination and to be lucky in the outcome, seeing the turn it had taken.
7 It is said that Styrmir and Thorarin had a talk together.
Styrmir said, ‘We’ve been badly shamed and humiliated by this case.’
Thorarin said it was to be expected, ‘And crafty men must have manipulated it.’
‘Yes,’ said Styrmir. ‘Can you see any way of putting it right?’
‘I don’t know that we can do it quickly,’ said Thorarin.
‘What’s the best way?’ asked Styrmir.
Thorarin answered, ‘If those who bribed the judges were prosecuted, the charge would stick.’
‘That’s a pleasant prospect, if we can get our own back,’ said Styrmir.
Then they walked away and back to their booths. Now they called together their friends and relations for a meeting. One of these was Hermund Illugason, the second Gellir Thorkelsson, the third Egil Skulason, the fourth Jarnskeggi Einarsson, the fifth Beard-Broddi Bjarnason and the sixth Thorgeir Halldoruson, plus Styrmir and Thorarin. These eight men now conferred together. Styrmir and Thorarin explained the situation and how the case then stood, and also how much of Odd’s wealth was up for grabs and that they would all get very rich out of it.
Then they all made a firm agreement to support one another in the case, so as either to get Odd outlawed or to win self-judgement against him. Then they swore a formal covenant, reckoning that this could not be broken and that no one would have the confidence or skill to challenge them. With this settled, they parted.
People rode home from the Althing, and at first the plot was kept secret. Odd was very pleased with his journey to the Althing, and his relationship with his father was better than it had been. Nothing much happened that winter.
In the spring Odd and his father met at the warm baths, and Ofeig asked the news. Odd said he had none and asked in his turn. Ofeig told him that Styrmir and Thorarin had gathered supporters and intended to ride to Mel to summons him. Odd asked what the charge was, and Ofeig told him all their plans.
Odd replied, ‘This doesn’t look too serious to me.’
‘Maybe it won’t be too much for you,’ said Ofeig.
Time passed, and at the Summons Days Styrmir and Thorarin arrived at Mel with a large following. Odd too was well supported. They stated their case and summonsed Odd to the Althing for having caused money to be unlawfully brought into court. Nothing else happened there, and they rode away with their supporters.
It happened again that Odd and his father met and talked.
Ofeig asked whether he still thought it an unimportant matter.
Odd replied, ‘The cas
e doesn’t look serious to me.’
‘That’s not how it looks to me,’ said Ofeig. ‘How clearly do you understand the situation?’
Odd said he knew what had happened so far.
Ofeig answered, ‘It seems to me that there will be more to follow, because six others of the most important chieftains have come into the case with them.’
‘They must think they need a lot of help,’ said Odd.
Ofeig asked, ‘What do you plan to do now?’
Odd answered, ‘What else but to ride to the Althing and muster support?’
‘That doesn’t seem to me a good idea as matters stand,’ replied Ofeig. ‘It’s not good to have your reputation dependent on too many people’s help.’
‘What do you suggest then?’ asked Odd.
Ofeig said, ‘I suggest that you should fit out your ship during the Althing and be ready to leave with all your movable property by the time men ride away from the Althing. And which money do you think will be in better hands, what they will confiscate from you, or what I hold?’
‘I think it the lesser of two evils that you should have it.’
So Odd handed his father a bulging moneybag full of silver, and with this they parted.
Odd fitted out his ship and hired a crew, and these arrangements were made quietly so that few got to know about them. The time for the Althing drew near.
8 Now the chieftains rode to the Althing, taking a very large following with them. Old Ofeig was in Styrmir’s party. The confederates, Egil, Gellir, Styrmir, Hermund and Thorarin, had agreed to meet on Blaskogar heath; from there they all rode south to Thingvellir together. Beard-Broddi and Thorgeir Halldoruson from Laugardal rode from the east and Jarnskeggi from the north, and they met at Reydarmuli. Now all the parties rode down to the fields and so to the area of the Althing.
The chief topic of conversation there was the case against Odd. It seemed certain to everyone that nobody would be found to defend him, since they thought few would dare, and in any case it would get them nowhere, seeing what important men were on the other side. The confederates too were confident of success and swaggered a lot, and no one said a word against them. Odd had not asked anyone to defend his cause; he began preparing his ship in Hrutafjord as soon as men left for the Althing.
One day old Ofeig walked away from his booth with a lot on his mind. He could see no one likely to help him and thought he had a great deal to contend with, for he could scarcely see how he could cope on his own against such powerful men, when there was no legal defence to be made in the case. He walked bent at the knees, wandering and stumbling between the booths for a long time, until he came at length to the booth of Egil Skulason. There were some men there who had come to talk to Egil, so Ofeig went past the booth-door and waited there until the men left. Egil showed them out, and when he was going back indoors Ofeig stepped in front of him and greeted him. Egil looked at him and asked who he was.
‘Ofeig is my name,’ he said.
Egil said, ‘Are you Odd’s father?’
He said he was.
‘Then you will be wanting to talk to me about his case, but it’s no use discussing it with me; things have gone much too far for me to be able to do anything. Anyway, there are others more responsible for the case than I am, namely Styrmir and Thorarin. It’s chiefly their concern, though the rest of us support them.’
Ofeig answered with a verse:
1. Before, I could speak
of my son with pride,
though I never came
in Odd’s company.
Little heed to laws
the loud-mouth paid,
though money he has
more than enough.
Then he added another:
2. An old stay-at-home
finds satisfaction
in talking chiefly
with intelligent men.
You won’t refuse
to confer with me,
because worthy men
call you wise.
‘I’ll find something more entertaining to talk about than Odd’s affairs,’ Ofeig went on. ‘Time was when they were rather better than now. You won’t refuse me a chat; it’s an old man’s chief pleasure to pass the time by talking with people like you.’
Egil replied, ‘I won’t refuse you a talk.’
They walked off together and sat down.
Then Ofeig began, ‘Are you a good farmer, Egil?’
He said he was.
‘Do you farm at Borg?’
‘That’s right,’ said Egil.
Ofeig said, ‘I’ve been told good and agreeable things about you; they say that you begrudge food to nobody and live in lavish style. We’re not unalike: we are both men of good family and generous with what we have, but find ourselves in financial difficulties; and I’m told that you like to help your friends.’
Egil answered, ‘I would like to think I was as well spoken of as you, because I know that you are of good family and also wise.’
Ofeig said, ‘There is one difference between us: you’re an important leader and fear nothing, whatever happens, and never fail to defend your rights against anyone at all, but I am a nobody. But still we are alike in temperament, and it is a great pity that men like us, who are so high-minded, should be short of money.’
‘That may soon change,’ said Egil, ‘and then I’ll be better off.’
‘How so?’ asked Ofeig.
‘It seems to me,’ said Egil, ‘that if Odd’s money comes our way, we won’t go short of much, considering the great tales we have heard of his wealth.’
Ofeig answered, ‘They won’t have been exaggerated, even if he was said to be the richest man in Iceland. But you must be curious to know how large your share will be, seeing that you need the money so badly.’
‘That’s true,’ said Egil. ‘You’re a good fellow and intelligent with it. You must know precisely how rich Odd is.’
He replied, ‘I don’t suppose anyone knows more about it than I do, and I can tell you that he is richer than anybody has ever said. But I have already been calculating what your share will come to.’
And then he spoke this verse:
3. Injustice, I grant you, has engaged
eight gold-greedy men.
These gods of wealth gods of wealth: (noble) men
make words worthless.
You battle-windswept warriors,
I wish you’d suffer
loss of giant’s laughter giant’s laughter: gold
and good fame both.
‘What’s that?’ said Egil. ‘That’s not likely to happen, but you are a good poet.’
Ofeig said, ‘I won’t hold back from you just what a fortune you will come in for: a one-sixteenth share of the Mel lands.’
‘What’s this I hear?’ said Egil. ‘Then the fortune can’t be as great as I thought. How can this be?’
Ofeig answered, ‘No, the fortune is there all right, but I think this is pretty well exactly what you will get of it. Haven’t you agreed that you and your allies should have half of Odd’s fortune and the men of his quarter the other half? I reckon from that, that if there are eight of you confederates, you will each get a one-sixteenth share of the Mel lands, for these must be the terms you planned and agreed. Even though you entered on this business for the most scandalous reasons ever heard of, you must have had this kind of agreement. But did you really expect my son Odd to sit still and wait for you to ride north and attack him? Oh no,’ said Ofeig, ‘Odd is not going to be short of a plan to outwit you, for well supplied as he is with wealth, he is no less blessed with intelligence and resourcefulness, when he finds he needs it. And though you may name him outlaw, I suspect that his knorr will glide no less smoothly with him across the Iceland Sea for that. Anyway, you can’t call it outlawry when it arises from such an unjust charge, which will rebound on the men who brought it. I expect Odd will be at sea by now with all his possessions except the lands at Mel – that’s all he means you to get. He had hear
d too that it would be only a short walk from the sea to Borg, should he happen to put in to Borgarfjord. This case is going to end as it began, with you all being shamed and disgraced and condemned by everybody – which is only what you deserve.’
‘That’s plain as daylight,’ said Egil, ‘and now the matter is getting tricky It’s obvious that Odd wasn’t going to sit around doing nothing, and I for one don’t blame him. There are some people involved in this case whom I wouldn’t mind seeing humiliated, like Styrmir or Thorarin or Hermund, and they have been pressing it hardest.’
‘It will all turn out for the best,’ Ofeig said. ‘They will get their deserts and be widely condemned for this affair. But I think it would be a shame if you didn’t come out of this well, because I like you better than any of your confederates.’
As he spoke he let a well-rounded moneybag drop into sight below his cape. Egil spotted it at once, and when Ofeig saw that, he quickly pulled the bag back up out of sight.
‘As I was saying, Egil,’ he said, ‘I think things will turn out pretty much as I’ve told you. Now I’d like to offer you a token of my respect.’
Then he pulled out the moneybag and emptied the silver out into the lap of Egil’s cloak; it came to two hundreds of the finest silver obtainable.
‘This is for you as a little token of my regard – if you don’t oppose me in this business.’
‘You’re no average rogue!’ replied Egil. ‘You can’t expect me to be willing to break my oath.’
Ofeig said, ‘You and your allies are certainly not what you make yourselves out to be: you want to be called chieftains, but as soon as you land in any difficulty, you have no idea how to get out with advantage. Now you mustn’t let that happen to you, for I will hit on a way for you to keep your oath.’
‘What way?’ said Egil.
Ofeig said, ‘Haven’t you agreed that you will press for either outlawry or self-judgement?’
Egil confirmed it.
The Sagas of the Icelanders Page 67