other man who has
undertaken the lawful defence for him, to set up his defence; for now
are all the steps taken which belong to the suit, when the case has been
summed up and the proofs repeated."

After that the foreman added these words of Mord to his summing up.

Then Mord took witness, and prayed the judges to give judgment in this
suit.

Then Gizur the white said, "Thou wilt have to do more yet, Mord, for
four twelves can have no right to pass judgment."

Now Flosi said to Eyjolf, "What counsel is to be taken now?"

Then Eyjolf said, "Now we must make the best of a bad business; but
still, we will bide our time, for now I guess that they will make a
false step in their suit, for Mord prayed for judgment at once in the
suit, but they ought to call and set aside six men out of the court, and
after that they ought to offer us to call and set aside six other men,
but we will not do that, for then they ought to call and set aside those
six men, and they will perhaps overlook that; then all their case has
come to naught if they do not do that, for three twelves have to judge
in every cause".

"Thou art a wise man, Eyjolf," said Flosi, "so that few can come nigh
thee."

Mord Valgard's son took witness.

"I take witness," he said, "to this, that I call and set aside these six
men out of the court"--and named them all by name--"I do not allow you
to sit in the court; I call you out and set you aside by the rightful
custom of the Althing, and the law of the land."

After that he offered Eyjolf and Flosi, before witnesses, to call out by
name and set aside other six men, but Flosi and Eyjolf would not call
them out.

Then Mord made them pass judgment in the cause; but when the judgment
was given, Eyjolf took witness, and said that all their judgment had
come to naught, and also everything else that had been done, and his
ground was that three twelves and one half had judged, when three only
ought to have given judgment.

"And now we will follow up our suits before the Fifth Court," said
Eyjolf, "and make them outlaws."

Then Gizur the white said to Mord Valgard's son--

"Thou hast made a very great mistake in taking such a false step, and
this is great ill-luck; but what counsel shall we now take, kinsman
Asgrim?" says Gizur.

Then Asgrim said--"Now we will send a man to my son Thorhall, and know
what counsel he will give us".

CHAPTER CXLIV.

BATTLE AT THE ALTHING.

Now Snorri the priest hear