"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."
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 had 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 challenges
for that he has challenged those men out of the inquest who have
a lawful right to be 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 dairystock; and he too has the same right
who lives by dairystock 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.