ized, 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
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
|