HKB
Again Mord took witness.
"I take witness to this, that I bid 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 hear my oath, oath taken, suit declared, witness borne to the notice, witness borne 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 baptised, 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,[76] 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 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.