Flosi Thord’s son, or that other man who has the defence handed
over to him, to challenge the inquest which I have caused to,
take their seats west on the river-bank. I bid thee by a lawful
bidding before the court so that the judges may hear.”
Again Mord took witness. “I take witness to this, that now are
all the first steps and proofs brought forward which belong to
the suit. Summons to bear my oath, oath taken, suit declared,
witness borne to the notice, witness home to the handing over of
the suit, the neighbours on the inquest bidden to take their
seats, and the defendant bidden to challenge the inquest. I take
this witness to these steps and proofs which are now brought
forward, and also to this that I shall not be thought to have
left the suit though I go away from the court to look up proofs,
or on other business.”
Now Flosi and his men went thither where the neighbours on the
inquest sate.
Then Flosi said to his men, “The sons of Sigfus must know best
whether these are the rightful neighbours to the spot who are
here summoned.”
Kettle of the Mark answered, “Here is that neighbour who held
Mord at the font when he was baptized, but another is his second
cousin by kinship.
Then they reckoned up his kinship, and proved it with an oath.
Then Eyjolf took witness that the inquest should do nothing till
it was challenged.
A second time Eyjolf took witness, “I take witness to this,” said
he, “that I challenge both these men out of the inquest, and set
them aside” — here he named them by name, and their fathers as
well — “for this sake, that one of them is Mord’s second cousin
by kinship, but the other for gossipry (2), for which sake it is
lawful to challenge a neighbour on the inquest; ye two are for a
lawful reason incapable of uttering a finding, for now a lawful
challenge has overtaken you, therefore I challenge and set you
aside by the rightful custom of pleading at the Althing, and by
the law of the land; I challenge you in the cause which Flosi
Thord’s son has handed over to me.”
Now all the people spoke out, and said that Mord’s suit had come
to naught, and all were agreed in this that the defence was
better than the prosecution.
Then Asgrim said to Mord, “The day is not yet their own, though
they think now that they have gained a great step; but now some
one shall go to see Thorhall my son, and know what advice he
gives us.”
Then a trusty messenger was sent to Thorhall, and told him as
plainly as he could how far the suit had gone, and how Flosi and
his men thought they had brought the finding of the inquest to a
dead lock.
“I will so make it out,” says Thorhall, “that this shall not
cause you to lose the suit; and tell them not to believe it,
though quirks and quibbles be brought against them, for that
