The Sagas of the Icelanders

by Smilely, Jane

‘It may well be,’ said Ofeig, ‘that we, Odd’s kinsmen, are granted the privilege of deciding which it will be. Now it might also chance that you, Egil, were asked to pronounce the settlement, and in that case I’d like you to arrange it.’

  ‘You’re quite right,’ said Egil. ‘What a sly and intelligent old fellow you are! But I’m still not prepared to do this for you, because I have neither the strength nor the manpower to stand alone against all these chieftains, since anyone who opposes them is bound to face their enmity.’

  Ofeig said, ‘How about if someone else joined you in the matter?’

  ‘That would be more like it,’ said Egil.

  Ofeig asked, ‘Which of the confederates would you soonest have, supposing me to have the pick of all of them?’

  ‘There are two possibilities,’ said Egil. ‘Hermund lives closest to me, but we are on bad terms; the other is Gellir, and I would prefer him.’

  ‘It’s a lot to ask of me,’ said Ofeig, ‘because I would like to see them all come badly out of this case – except you, of course. But Gellir will have the wit to see which is the better choice, getting money and honour, or losing money and being shamed. So you are willing to undertake this and reduce the settlement, if the matter is referred to your judgement?’

  ‘That’s my firm intention,’ said Egil.

  ‘Then let this be a definite agreement between us,’ said Ofeig, ‘and I’ll get back to you in a short time.’

  9 Now they parted, and Ofeig went away. He wandered shuffling among the booths, but he was not as dejected in mind as he was tottering on his feet, nor so haphazard in his plans as he was feeble in his gait. In the end he came to the booth of Gellir Thorkelsson and had him called outside. He came out and, being an unpretentious man, greeted Ofeig first and asked what he wanted.

  ‘I just wandered over this way,’ answered Ofeig.

  Gellir said, ‘You’ll be wanting to talk about Odd’s case.’

  ‘I don’t want to talk about that,’ said Ofeig. ‘I’ve washed my hands of it, and I’m looking for other entertainment.’

  Gellir said, ‘Then what do you want to talk about?’

  Ofeig said, ‘I’m told that you are a wise man, and I enjoy talking to such people.’

  Then they sat down and began talking together.

  Ofeig asked, ‘What young men are there in your west country who seem to you likely to become important chieftains?’

  Gellir said there were plenty to choose from, and mentioned the sons of Snorri the Godi and the men of Eyri.

  ‘That’s what I’ve been told,’ said Ofeig, ‘but now I am indeed well placed to get news, since I’m talking to a man who is both truthful and obliging. But which of the women there in the west are the best matches?’

  Gellir named the daughters of Snorri the Godi and those of Steinthor of Eyri.

  ‘That’s what I’ve been told,’ said Ofeig. ‘But how’s this, haven’t you some daughters too?’

  Gellir said he had indeed.

  ‘Then why didn’t you mention them?’ said Ofeig. ‘To judge from probability, none can be prettier than your daughters. They’re not married, are they?’

  ‘No,’ said Gellir.

  ‘Why not?’ asked Ofeig.

  Gellir said, ‘Because no suitors have come forward who are both rich enough and well established, of powerful family and good personal qualities. I may not be wealthy myself, but I am still choosy about sons-in-law, for the sake of my ancestry and reputation. But I mustn’t let you ask all the questions. What men up there in the north are promising as chieftains?’

  Ofeig replied, ‘There are plenty to choose from. I reckon Einar the first, the son of Jarnskeggi, and then Hall Styrmisson. Some people say too that my son Odd is a promising man – and that brings me to the message he asked me to give you, that he would like to become your son-in-law and marry your daughter Ragnheid.’

  ‘Yes, well,’ said Gellir, ‘there was a time when my answer would have been favourable, but as things stand I think we’ll have to put the matter off.’

  ‘On what grounds?’ said Ofeig.

  Gellir said, ‘There seems to be a cloud over the prospects of your son Odd as things are now.’

  Ofeig replied, ‘I can tell you as a fact that you will never find her a better husband than him, because everyone agrees that Odd is the most accomplished man around, and he certainly lacks neither money nor good family. But you are much in need of money, and you might find him a source of strength to you, because he is a man generous to his friends.’

  ‘That would be worth thinking about,’ said Gellir, ‘if this lawsuit were not impending.’

  Ofeig answered, ‘Don’t mention that silly nonsense. There’s nothing in it but folly and the dishonour of the people pressing it.’

  ‘It’s likely to turn out quite otherwise,’ replied Gellir, ‘so I’m not willing to agree to your proposal. But if this problem could be solved, I’d be glad to accept.’

  Ofeig answered, ‘It may be, Gellir, that you are all about to make a fortune here, but I can tell you what your share of it will amount to, because I know precisely. At very best, you confederates will get half the Mel lands between you. Your share won’t be much good to you though: you’ll get little of the money and lose your honour and integrity, when you have been known before as one of the most decent men in the country.’

  Gellir asked how this might be.

  Ofeig replied, ‘I think it most likely that Odd is now at sea with all his possessions except the lands at Mel. You can’t have expected him to sir there helplessly while you divide up his property and share it between you. No,’ said Ofeig, ‘on the contrary, he said that if he came to Breidafjord he would find his way to your farm, and then he could take his pick of a wife from your family, and he said he would have enough firewood with him to burn down your house if he wanted. So too if he came to Borgarfjord, he had heard that it was only a short walk from the sea to Borg. He mentioned as well that if he came to Eyjafjord, he might find Jarnskeggi’s farm, and in the same way, if he came to the East Fjords, he would find where Beard-Broddi lived. Now it doesn’t matter to him if he never comes back to Iceland, but you will all have got what you deserve from this, namely shame and disgrace. I think it a pity that such a good chieftain as you have been should come by such a bad fate, and I would gladly spare you this.’

  ‘You must be right,’ replied Gellir, ‘and I don’t much mind if some trick is tried to escape the confiscation. I let myself be talked into this by my friends, rather than being set on it myself.’

  Ofeig said, ‘You’ll see, as soon as you are under less pressure, that it would be a more honourable role to marry your daughter to my son Odd, as I said in the first place. Take a look at the money he has sent you! He said that he would provide her dowry himself, since he knew you were hard up, and this is two hundreds of a silver that can hardly be matched. Consider who else could make you such an offer, marrying your daughter to such a husband, who will provide her dowry himself. You will probably never go short again, and your daughter will have fallen into the lap of luxury.’

  Gellir answered, ‘This is such a splendid offer that it is hard to put a valuation on it, but on no account will I betray those who put their trust in me, even though I see that nothing is to be had from this case but ridicule and scorn.’

  ‘How wise you chieftains are!’ replied Ofeig. ‘Who said anything about betraying those who trust you, or breaking your oath? On the other hand, it could happen that the settlement is put into your hands, and then you could reduce the amount and still keep your oath.’

  ‘That’s true,’ said Gellir. ‘What a crafty old man you are, and so cunning! But I can’t take on the whole lot of them on my own.’

  Ofeig said, ‘How would it be if I could get another man in on it? Would you help me out then?’

  ‘I’m willing,’ said Gellir, ‘if you can bring it about that I decide the terms.’

  Ofeig asked, ‘Who would you choose to have with you?
’

  Gellir answered, ‘I’ll choose Egil; he lives nearest me.’

  ‘I never heard anything like it!’ said Ofeig. ‘You pick the worst of the whole bunch. It goes against the grain for me to offer him a share in the honour, and I don’t know whether I can bring myself to do it.’

  ‘That’s up to you,’ said Gellir.

  Ofeig said, ‘If I persuade him to join you, will you take the matter on? He’ll be shrewd enough to see that it’s better to gain some honour than none at all.’

  ‘Since I stand to gain so much from it,’ said Gellir, ‘I think I’ll take the risk.’

  Then Ofeig said, ‘Actually, Egil and I have already talked it over, and the matter doesn’t look too difficult to him, so he’s committed. Now I’ll advise you how to handle this. You confederates and your supporters are all going about as one party, so no one will be suspicious if you and Egil get talking as much as you want while you are going to evensong.’

  Gellir accepted the money, and the matter was settled between them. Then Ofeig went away and back to Egil’s booth, walking neither slowly nor uncertainly, nor yet with a stoop. He told Egil how things had gone, and he was delighted. Later in the evening, when people went to evensong, Egil and Gellir had a talk and agreed the matter between them, without anyone having any suspicion.

  10 Now it is said that the next day men gathered in large numbers at the Law Rock. Egil and Gellir mustered their friends about them, and Ofeig helped Styrmir and Thorarin to gather their supporters.

  When everyone who was expected had arrived at the Law Rock, Ofeig called for silence and said, ‘I have stayed out of the case against my son Odd up to now, even though it was begun in such a scandalous fashion that no one can think of a parallel, is continuing like that and looks like ending in the same way. I know that all the men who have been pursuing the case are now present, and I’d like to call on Hermund first: I want to ask whether there is any possibility of a settlement out of court.’

  Hermund answered, ‘We will be satisfied with nothing less than self-judgement.’

  Ofeig said, ‘You’d be hard put to it to find a precedent for one man conceding self-judgement to eight opponents in a single lawsuit, though there are examples enough of a one-to-one agreement. But even though this case has been prosecuted with more shocking irregularity than any other, I am willing to concede that two of your party should act as arbitrators.’

  ‘Naturally we’ll agree to that,’ replied Hermund, ‘and we don’t mind which two they are.’

  ‘Then you’ll grant me the petty privilege,’ said Ofeig, ‘of selecting from among you confederates the two I want.’

  ‘Yes, certainly,’ said Hermund.

  Then Thorarin said, ‘Mind you don’t agree today to what you’ll regret tomorrow.’

  ‘I’m not going back on my word,’ said Hermund.

  Then Ofeig sought guarantors, and they were easy to find, because the money looked to be easily recoverable. They shook hands on the pledge that the guarantors would pay over whatever sum was awarded by the men Ofeig picked, and the confederates pledged themselves to drop the outlawry suit. Now it was agreed that the confederates and their supporters should move up to the fields; the parties of Gellir and Egil stuck close together. They sat down in a circle at a certain place, but Ofeig went into the ring, looked around him and put back the hood of his cape. He straightened up and stroked his arms. Then his eyes sparkled as he spoke:

  ‘There you sit, Styrmir, and people will think it strange if I don’t choose you for a case which concerns me, since I am one of your thingmen and have a right to expect support from you. You’ve accepted plenty of good gifts from me too – and all of them ill rewarded. It seems to me that you have been first of anybody to show enmity to my son Odd in this matter and the most responsible for getting the case prosecuted. So I’ll count you out.

  ‘There you sit, Thorarin,’ said Ofeig. ‘There’s no question of your lacking the intelligence to judge this case, but your contribution to this matter has been to damage Odd, and you were the first person to join Styrmir in prosecuting the case. So I won’t choose you.

  ‘There you sit, Hermund, an important chieftain, and I think it could be a good idea to refer the case to you. But nobody has got so worked up about the case since it all started, and it’s plain that you want to make this dirty business public. Nothing but dishonour and avarice has drawn you into it, since you are not short of money yourself, and therefore I count you out.’

  ‘There you sit, Jarnskeggi. You don’t lack the pride to judge this case, and it wouldn’t displease you to have it referred to you. Indeed, your pride is so great that you had a banner carried before you at the Vodla Assembly, as if before a king; yet you will not be king over this lawsuit, and I count you out.’

  Then Ofeig looked around and said, ‘There you sit, Beard-Broddi. Is it true that when you were with King Harald Sigurdarson he said that, of all the men in Iceland, he thought you best fitted to be a king?’

  Broddi answered, ‘The king often spoke graciously to me, but it’s not certain that he meant everything he said.’

  ‘You can king it over other things than this lawsuit,’ said Ofeig, ’and I count you out.

  ‘There you sit, Gellir,’ Ofeig went on, ’and nothing but avarice has drawn you into this case. Still, you have some excuse, since you’re short of money and have large responsibilities. Now, although I think you all deserve a bad outcome from this case, I don’t know but that someone will have to get some credit from it. There are few of you left now, and I don’t care to pick any of those I’ve already turned down, so I’ll choose you, Gellir, because you have never before been known for injustice.

  ‘There you sit, Thorgeir Halldoruson,’ said Ofeig, ‘and it’s common knowledge that no case of any importance has ever been referred to you, because you don’t know how to judge cases and have no more brains for it than an ox or an ass. So I count you out.’

  Then Ofeig looked around him and spoke this verse:

  4. It’s ill for men

  to endure old age;

  it snatches from them

  sight and sense.

  I’d the option just now

  of able judges:

  now the one thing left

  is the wolf’s tail. wolf’s tail: i.e. worst choice

  ‘I’ve ended up the same way as the wolves – they devoured one another, and didn’t notice it until they got down to the tail. I had the choice of many chieftains, and now the only one left is a man from whom everyone expects the worst. He is known to be guilty of more injustice than any of the others, and he doesn’t care what he does for money as long as he gets more than he had before. But he has an excuse for being unscrupulous in this case, when so many others have got tangled in it who previously had a reputation for fairness, but have abandoned honour and integrity in exchange for injustice and greed. Now it would never occur to anyone that I would choose a man of whom everyone expects the worst, when there isn’t a craftier man to be found in your party, but that’s what it comes down to, since all the others have been counted out.’

  Egil grinned and said, ‘It’s not the first time I’ve ended up with an honour which other people didn’t want me to have. What we must do now, Gellir, is stand up and withdraw to discuss the case.’

  This they did: they walked away from there and sat down.

  Then Gellir said, ‘What will we say about this?’

  Egil said, ‘It’s my advice that we impose a small fine, and I don’t see what else can be done. But we’re not going to win much popularity by this.’

  ‘Wouldn’t it be quite sufficient if we settled for thirteen ounces of scrap silver?’ said Gellir. ‘Seeing that the whole charge was based on a great injustice, the worse they like it, the better. But I’m not keen to announce the settlement, because I expect it to be badly received.’

  ‘Choose which you’d rather do,’ said Egil. ‘Either announce the settlement or field the criticism.’


  ‘I prefer to make the announcement,’ said Gellir.

  Then they went back to the confederates.

  Hermund said, ‘Let’s rise and listen to this disgraceful business.’

  Then Gellir spoke: ‘We two won’t be any wiser for putting it off, and it will all come to the same thing in the end. Egil and I have decided to award to us, the confederates, thirteen ounces of silver.’

  ‘Did I hear that right?’ said Hermund. ‘Did you say a hundred and thirty ounces of silver?’

  Egil answered, ‘Come now, Hermund, you can’t have been sitting on your ear when you were standing up. Thirteen ounces was what we said, and of such silver as no one would accept who wasn’t wretchedly poor: it’s to be paid in broken brooches and bits of rings and all the poorest stuff that can be found, to please you least.’

  Then Hermund said, ‘You’ve cheated us, Egil!’

  ‘Oh really,’ said Egil. ‘You think you’ve been cheated?’

  ‘Yes, I think myself cheated, and it’s you who’ve cheated me.’

  Egil answered, ‘I’m glad I have managed to cheat a man who trusts no one, not even himself. I can prove what I say of you: you went and hid your treasure during such a thick fog that you thought you could never find it again if it crossed your mind to look for it.’

  ‘That’s another of your lies, Egil,’ answered Hermund, ‘like the one you told last winter, when you came home after I had invited you from your wretched hovel to spend Christmas with me. You were glad of the invitation, as one might expect, but when Christmas was over you got depressed, of course, about going home to starvation rations. I realized that, and invited you to stay on, with one companion, and you accepted gladly. But in the spring, after Easter, when you got back to Borg, you said that thirty of my horses, which were wintering outside, had died – and that we’d eaten them all.’

  Egil replied, ‘I don’t think it’s possible to exaggerate the poor state of your livestock, but I think that few or none of them got eaten. But everyone knows that I and my household never go short of food, even if my financial state is not always easy, but the conditions at your home don’t bear speaking of.’