Then Eyjolf Bolverk's son went before the court, and took witness
to this, "I take witness that this is a lawful defence in this
cause, that ye have pleaded the suit in the Eastfirthers' Court,
when ye ought to have pleaded it in the Northlanders' Court; for
Flosi has declared himself one of the Thingmen of Askel the
Priest and here now are those two witnesses who were by, and who
will bear witness that Flosi handed over his priesthood to his
brother Thorgeir, but afterwards declared himself one of Askel
the Priest's Thingmen. I take witness to this for my own part,
and for those who may need to make use of it."
Again Eyjolf took witness, "I take witness," he said, "to this,
that I bid Mord who pleads this suit, or the next of kin, to
listen to my oath, and to my declaration of the defence which I
am about to bring forward; I bid him by a lawful bidding before
the court, so that the judges may hear me."
Again Eyjolf took witness, "I take witness to this, that I swear
an oath on the book, a lawful oath, and say it before God, that I
will so defend this cause, in the most truthful, and most just,
and most lawful way, so far as I know, and so fulfil all lawful
duties which belong to me at this Thing."
Then Eyjolf said, "These two men I take to witness that I bring
forward this lawful defence that this suit was pleaded in another
Quarter Court, than that in which it ought to have been pleaded;
and I say that for this sake their suit has come to naught; I
utter this defence in this shape before the Eastfirthers' Court."
After that he let all the witness be brought forward which
belonged to the defence, and then he took witness to all the
steps in the defence to prove that they had all been duly taken.
After that Eyjolf again took witness and said, "I take witness to
this, that I forbid the judges, by a lawful protest before the
priest, to utter judgment in the suit of Mord and his friends,
for now a lawful defence has been brought before the court. I
forbid you by a protest made before a priest; by a full, fair,
and binding protest; as I have a right to forbid you by the
common custom of the Althing, and by the law of the land."
After that be called on the judges to pronounce for the defence.
Then Asgrim and his friends brought on the other suits for the
burning, and those suits took their course.