“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.

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.”