Now Eyjolf said he was much mistaken if that could be shaken; and then all said that the defence was better than the prosecution.

Now all men praised Eyjolf, and said there was never a man who could cope with him in lawcraft.

Mord Valgard’s son and Asgrim Ellidagrim’s son now sent a man to Thorhall to tell him how things stood; but when Thorhall heard that, he asked what goods they owned, or if they were paupers?

The messenger said that one gained his livelihood by keeping milch-kine, and “he has both cows and ewes at his abode; but the other has a third of the land which he and the freeholder farm, and finds his own food; and they have one hearth between them, he and the man who lets the land, and one shepherd”.

Then Thorhall said—­

“They will fare now as before, for they must have made a mistake, and I will soon upset their challenge, and this though Eyjolf had used such big words that it was law.”

Now Thorhall told the messenger plainly, step by step, how they must proceed; and the messenger came back and told Mord and Asgrim all the counsel that Thorhall bad given.

Then Mord went to the court and took witness, “I take witness to this, that I bring to naught Eyjolf Bolverk’s son’s challenge, for that he has challenged those men out of the inquest who have a lawful right to lie there; every man has a right to sit on an inquest of neighbours, who owns three hundreds in land or more, though he may have no dairy-stock; and he too has the same right who lives by dairy-stock worth the same sum, though he leases no land.”

Then he brought this witness before the court, and then he went whither the neighbours on the inquest were, and bade them sit down, and said they were rightfully among the inquest.

Then there was a great shout and cry, and then all men said that Flosi’s and Eyjolf’s cause was much shaken, and now men were of one mind as to this, that the prosecution was better than the defence.

Then Flosi said to Eyjolf—­

“Can this be law?”

Eyjolf said he had not wisdom enough to know that for a surety, and then they sent a man to Skapti, the Speaker of the Law, to ask whether it were good law, and he sent them back word that it was surely good law, though few knew it.

Then this was told to Flosi, and Eyjolf Bolverk’s son asked the sons of
Sigfus as to the other neighbours who were summoned thither.

They said there were four of them who were wrongly summoned; “for those sit now at home who were nearer neighbours to the spot”.

Then Eyjolf took witness that he challenged all those four men out of the inquest, and that he did it with lawful form of challenge.  After that he said to the neighbours—­

“Ye are bound to render lawful justice to both sides, and now ye shall go before the court when ye are called, and take witness that ye find that bar to uttering your finding; that ye are but five summoned to utter your finding, but that ye ought to be nine; and now Thorhall may prove and carry his point in every suit, if he can cure this flaw in this suit.”