“King Olaf sat down in his seat when the room had been prepared, and was very angry. He asked where the slayer was. He was told that he was guarded out on the balcony. The king said: ‘Why is he not slain?’ Thorarin Nefjulfsson answered: ‘My lord, do you not call it a murder to slay men at night?’ Then the king said: ‘Put him into fetters, and slay him to-morrow’” (St. Olaf’s Saga, c. 126).
“Then Arinbjörn said: ‘The king will not let himself be incited to all thy nithing-deeds. He will not let Egil be killed this night, because night-killings are murders.’ The king replied: ‘It shall be as thou askest, Arinbjörn, that Egil shall live this night’” (Egil’s Saga, c. 62).
Incitement to revenge was often given by women. Thorbjörg, the wife of Indridi, heard that her brother Hörd had been treacherously slain by Thorstein Gullknapp.
“When she and her husband came into their bed in the evening, Thorbjörg drew a sax and thrust it at Indridi; but he parried the blow with his hand and got much wounded. He said: ‘Thorbjörg, it is difficult to know what to do, and thou art very hard upon me. What shall I do that we may become friends again?’ ‘Thou canst do nothing but fetch the head of Thorstein Gullknapp for me’” (Hörd’s Saga, c. 37).
To him who performed nabjargir (ceremony attending the dead) belonged the duty of avenging the dead.
Höskuld, a son of Njal by his concubine Hródný, was found wounded with sixteen wounds. Hródný laid him against the wall in Njal’s sheephouse and went in to Njal’s bed, as it was night.
“She asked if Njal was awake. He answered: ‘I have slept, but now I am awake. Why art thou here so early?’ Hródný replied: ‘Rise from the bed of my rival and go out with me, and also thy wife and thy sons.’ They rose and went out. Skarphedin said: ‘Let us take our weapons with us.’ Njal did not speak, and they ran in and fetched their weapons. Hródný walked on in front, and when they came to the sheephouse she went in and asked them to follow. She took up a lantern and said: ‘Here, Njal, is thy son Höskuld with many wounds on him, and he needs to be healed.’ Njal answered: ‘I see death-marks on him, and no life-marks; why hast thou not given him nabjargir, as his nostrils are open?’ ‘I intended Skarphedin to do that,’ she answered. Skarphedin walked up to Höskuld’s body and closed the nostrils, eyes, and mouth. Then he asked his father, ‘Who, sayest thou, is the slayer?’ Njal answered: ‘Lýting of Samstadir and his brothers have probably slain him.’ Hródný said: ‘I give it into thy hands, Skarphedin, to revenge thy brother; and I expect thee to behave well and perform the greatest part (in the revenge), though he was not legitimate.’ Bergthóra (Njal’s wife) said: ‘It is strange that you slay men for slight reasons, while you ponder over and digest this matter until nothing comes of it; Höskuld Hvitanesgodi will soon be here and ask you to come to terms, and you will grant him them; if you intend to do anything, do it now.’ Skarphedin said: ‘Now our mother incites us with lawful provocation’” (Njala, c. 98).
Then follows in the Saga a long account of how the two brothers of Lýting were killed, and how he himself was wounded and escaped. Lýting went to a man called Höskuld, who was a godi, and asked him to reconcile him with Njal and his sons. Höskuld consented, and went with him to Njal’s home.
If a man intentionally wounded an innocent man, or offended him in such a way that full rétt was due to him, the offended could slay him if he had not offered surety.
It was not uncommon to resort to arbitration when cases of revenge occurred for which weregild would have to be paid.