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."