he 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 witnes
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