Part 22 - Of The Cases Before The Thing

The king's relative, Sigurd Hranason, came into strife with King Sigurd. He had had the Lapland collectorship on the king's account, because of their relationship and long friendship, and also of the many services Sigurd Hranason had done to the kings; for he was a very distinguished, popular man.

But it happened to him, as it often does to others, that persons more wicked and jealous than upright slandered him to King Sigurd, and whispered in the king's ear that he took more of the Laplander's tribute to himself than was proper. They spoke so long about this, that King Sigurd conceived a dislike and anger to him, and sent a message to him.

When he appeared before the king, the king carried these feelings with him, and said,

"I did not expect that thou shouldst have repaid me for thy great fiefs and other dignities by taking the king's property, and abstracting a greater portion of it than is allowable."

Sigurd Hranason replies,

"It is not true that has been told you; for I have only taken such portion as I had your permission to take."

King Sigurd replies,

"Thou shalt not slip away with this; but the matter shall be seriously treated before it comes to an end."

With that they parted.

Soon after, by the advice of his friends, the king laid an action against Sigurd Hranason at the Thing-meeting in Bergen, and would have him made an outlaw. Now when the business took this turn, and appeared so dangerous, Sigurd Hranason went to King Eystein, and told him what mischief King Sigurd intended to do him, and entreated his assistance.

King Eystein replied,

"This is a difficult matter that you propose to me, to speak against my brother; and there is a great difference between defending a cause and pursuing it in law;"

and added, that this was a matter which concerned him and Sigurd equally.

"But for thy distress, and our relationship, I shall bring in a word for thee."

Soon after Eystein visited King Sigurd, and entreated him to spare the man, reminding him of the relationship between them and Sigurd Hranason, who was married to their aunt, Skialdvor; and said he would pay the penalty for the crime committed against the king, although he could not with truth impute any blame to him in the matter. Besides, he reminded the king of the long friendship with Sigurd Hranason. King Sigurd replied, that it was better government to punish such acts.

Then King Eystein replied,

"If thou, brother, wilt follow the law, and punish such acts according to the country's privileges, then it would be most correct that Sigurd Hranason produce his witnesses, and that the case be judged at the Thing, but not at a meeting; for the case comes under the law of the land, not under Bjarkey law."

Then said Sigurd,

"It may possibly be so that the case belongs to it, as thou sayest, King Eystein; and if it be against law what has hitherto been done in this case, then we shall bring it before the Thing."

Then the kings parted, and each seemed determined to take his own way. King Sigurd summoned the parties in the case before the Arnarnes Thing, and intended to pursue it there. King Eystein came also to the Thing-place; and when the case was brought forward for judgment, King Eystein went to the Thing before judgment was given upon Sigurd Hranason. Now King Sigurd told the lagmen to pronounce the judgment; but King Eystein replied thus:

"I trust there are here men acquainted sufficiently with the laws of Norway, to know that they cannot condemn a lendermen to be outlawed at this Thing."

And he then explained how the law was, so that every man clearly understood it. Then said King Sigurd,

"Thou art taking up this matter very warmly, King Eystein, and it is likely the case will cost more trouble before it comes to an end than we intended; but nevertheless we shall follow it out. I will have him condemned to be outlawed in his native place."

Then said King Eystein,

"There are certainly not many things which do not succeed with thee, and especially when there are but few and small folks to oppose one who has carried through such great things."

And thus they parted, without anything being concluded in the case. Thereafter King Sigurd called together a Gula Thing, went himself there, and summoned to him many high chiefs. King Eystein came there also with his suite; and many meetings and conferences were held among people of understanding concerning this case, and it was tried and examined before the lagmen.

Now King Eystein objected that all the parties summoned in any cases tried here belonged to the Thing-district; but in this case the deed and the parties belonged to Halogaland. The Thing accordingly ended in doing nothing, as King Eystein had thus made it incompetent.

The kings parted in great wrath; and King Eystein went north to Throndhjem. King Sigurd, on the other hand, summoned to him all lendermen, and also the house-servants of the lendermen, and named out of every district a number of the bondes from the south parts of the country, so that he had collected a large army about him; and proceeded with all this crowd northwards along the coast to Halogaland, and intended to use all his power to make Sigurd Hranason an outlaw among his own relations.

For this purpose he summoned to him the Halogaland and Naumudal people, and appointed a Thing at Hrafnista. King Eystein prepared himself also, and proceeded with many people from the town of Nidaros to the Thing, where he made Sigurd Hranason, by hand-shake before witnesses, deliver over to him the following and defending this case.

At this Thing both the kings spoke, each for his own side. Then King Eystein asks the lagmen where that law was made in Norway which gave the bondes the right to judge between the kings of the country, when they had pleas with each other.

"I shall bring witnesses to prove that Sigurd has given the case into my hands; and it is with me, not with Sigurd Hranason, that King Sigurd has to do in this case."

The lagmen said that disputes between kings must be judged only at the Eyra Thing in Nidaros.

King Eystein said,

"So I thought that it should be there, and the cases must be removed there."

Then King Sigurd said,

"The more difficulties and inconvenience thou bringest upon me in this matter, the more I will persevere in it."

And with that they parted.

Both kings then went south to Nidaros town, where they summoned a Thing from eight districts. King Eystein was in the town with a great many people, but Sigurd was on board his ships. When the Thing was opened, peace and safe conduct was given to all; and when the people were all collected, and the case should be gone into, Bergthor, a son of Svein Bryggjufot, stood up, and gave his evidence that Sigurd Hranason had concealed a part of the Laplanders' taxes.

Then King Eystein stood up and said,

"If thy accusation were true, although we do not know what truth there may be in thy testimony, yet this case has already been dismissed from three Things, and a fourth time from a town meeting; and therefore I require that the lagmen acquit Sigurd in this case according to law."

And they did so.

Then said King Sigurd,

"I see sufficiently, King Eystein, that thou hast carried this case by law-quirks ^[1], which I do not understand. But now there remains, King Eystein, a way of determining the case which I am more used to, and which I shall now apply."

He then retired to his ships, had the tents taken down, laid his whole fleet out at the holm, and held a Thing of his people; and told them that early in the morning they should land at Iluvellir, and give battle to King Eystein. But in the evening, as King Sigurd sat at his table in his ship taking his repast, before he was aware of it a man cast himself on the floor of the forehold, and at the king's feet.

This was Sigurd Hranason, who begged the king to take what course with regard to him the king himself thought proper. Then came Bishop Magne and Queen Malmfrid, and many other great personages, and entreated forgiveness for Sigurd Hranason; and at their entreaty the king raised him up, took him by the hand, and placed him among his men, and took him along with himself to the south part of the country.

In autumn the king gave Sigurd Hranason leave to go north to his farm, gave him an employment, and was always afterward his friend. After this day, however, the brothers were never much together, and there was no cordiality or cheerfulness among them.

Footnotes and references:

[1]:

These law-quirks show a singularly advanced state of law. and deference to the Law Things, amidst such social disorder and misdeeds. — L.