wiseacre Eyjolf has now overlooked something. But now thou shalt
go back as quickly as thou canst, and say that Mord Valgard’s son
must go before the court, and take witness that their challenge
has come to naught,” and then he told him step by step how they
must proceed.
The messenger came and told them Thorhall’s advice.
Then Mord Valgard’s son went to the court and took witness. “I
take witness to this,” said he, “that I make Eyjolf’s challenge
void and of none effect; and my ground is, that he challenged
them not for their kinship to the true plaintiff, the next of
kin, but for their kinship to him who pleaded the suit; I take
this witness to myself, and to all those to whom this witness
will be of use.”
After that he brought that witness before the court.
Now he went whither the neighbours sate on the inquest, and bade
those to sit down again who had risen up, and said they were
rightly called on to share in the finding of the inquest.
Then all said that Thorhall had done great things, and all
thought the prosecution better than the defence.
Then Flosi said to Eyjolf, “Thinkest thou that this is good law?”
“I think so, surely,” he says, “and beyond a doubt we overlooked
this; but still we will have another trial of strength with
them.”
Then Eyjolf took witness. “I take witness to this,” said he,
“that I challenge these two men out of the inquest” — here he
named them both — “for that sake that they are lodgers, but not
householders; I do not allow you two to sit on the inquest, for
now a lawful challenge has overtaken you; I challenge you both
and set you aside out of the inquest, by the rightful custom of
the Althing and by the law of the land.”
Now Eyjolf said he was much mistaken if that could be shaken; and
then all said that the defence was better than the prosecution.
Now all men praised Eyjolf, and said there was never a man who
could cope with him in lawcraft.
Mord Valgard’s son and Asgrim Ellidagrim’s son now sent a man to
Thorhall to tell him how things stood; but when Thorhall heard
that, he asked what goods they owned, or if they were paupers?
The messenger said that one gained his livelihood by keeping
milch-kine, and “he has both cows and ewes at his abode; but the
other has a third of the land which he and the freeholder farm,
and finds his own food: and they have one hearth between them, he
and the man who lets the land, and one shepherd.”
Then Thorhall said, “They will fare now as before, for they must
have made a mistake, and I will soon upset their challenge and
this though Eyjolf had used such big words that it was law.”
Now Thorhall told the messenger plainly, step by step, how they
must proceed; and the messenger came back and told Mord and
Asgrim all the counsel that Thorhall had given.
Then Mord went to the court and took witness. “I take witness to
