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."
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."
And now it was plain in everything that Flosi and Eyjolf were very boastful; and there was a great cry that now the suit for the Burning was quashed, and that again the defence was better than the prosecution.
Then Asgrim spoke to Mord--
"They know not yet of what to boast ere we have seen my son Thorhall.
Njal told me that he had so taught Thorhall law, that he would turn out the best lawyer in Iceland when ever it were put to the proof."
Then a man was sent to Thorhall to tell him how things stood, and of Flosi"s and Eyjolf"s boasting, and the cry of the people that the suit for the Burning was quashed in Mord"s bands.
"It will be well for them," says Thorhall, "if they get not disgrace from this. Thou shalt go and tell Mord to take witness, and swear an oath, that the greater part of the inquest is rightly summoned, and then he shall bring that witness before the court, and then he may set the prosecution on its feet again; but he will have to pay a fine of three marks for every man that he has wrongly summoned; but he may not be prosecuted for that at this Thing; and now thou shalt go back."
He does so, and told Mord and Asgrim all, word for word, that Thorhall had said.
Then Mord went to the court, and took witness, and swore an oath that the greater part of the inquest was rightly summoned, and said then that he had set the prosecution on its feet again, and then he went on, "and so our foes shall have honour from something else than from this, that we have here taken a great false step".
Then there was a great roar that Mord handled the suit well; but it was said that Flosi and his men betook them only to quibbling and wrong.
Flosi asked Eyjolf if this could be good law, but he said he could not surely tell, but said the Lawman must settle this knotty point.
Then Thorkel Geiti"s son went on their behalf to tell the Lawman how things stood, and asked whether this were good law that Mord had said.
"More men are great lawyers now," says Skapti, "than I thought I must tell thee, then, that this is such good law in all points, that there is not a word to say against it; but still I thought that I alone would know this, now that Njal was dead, for he was the only man I ever knew who knew it."
Then Thorkel went back to Flosi and Eyjolf, and said that this was good law.
Then Mord Valgard"s son went to the court and took witness. "I take witness to this," he said, "that I bid those neighbours on the inquest in the suit which I set on foot against Flosi Thord"s son now to utter their finding, and to find it either against him or for him; I bid them by a lawful bidding before the court, so that the judges may bear it across the court."
Then the neighbours on Mord"s inquest went to the court, and one uttered their finding, but all confirmed it by their consent; and they spoke thus, word for word--
"Mord Valgard"s son summoned nine of us thanes on this inquest, but here we stand five of us, but four have been challenged and set aside, and now witness has been borne as to the absence of the four who ought to have uttered this finding along with us, and now we are bound by law to utter our finding. We were summoned to bear this witness, whether Flosi Thord"s son rushed with an a.s.sault laid down by law on Helgi Njal"s son, on that spot where Flosi Thord"s son wounded Helgi Njal"s son with a brain, or a body, or a marrow wound, which proved a death wound, and from which Helgi got his death. He summoned us to utter all those words which it was lawful for us to utter, and which he should call on us to answer before the court, and which belong to this suit; he summoned us, so that we heard what he said; he summoned us in a suit which Thorgeir Thorir"s son had handed over to him, and now we have all sworn an oath, and found our lawful finding, and are all agreed, and we utter our finding against Flosi, and we say that he is truly guilty in this suit.
We nine men on this inquest of neighbours so shapen, utter this our finding before the Eastfirthers" Court over the head of John, as Mord summoned us to do; but this is the finding of all of us."
Again a second time they uttered their finding against Flosi, and uttered it first about the wounds, and last about the a.s.sault, but all their other words they uttered just as they had before uttered their finding against Flosi, and brought him in truly guilty in the suit.
Then Mord Valgard"s son went before the court, and took witness that those neighbours whom he had summoned in the suit which he had set on foot against Flosi Thord"s son had now uttered their finding, and brought him in truly guilty in the suit; he took witness to this for his own part, or for those who might wish to make use of this witness.
Again a second time Mord took witness and said--
"I take witness to this that I call on Flosi, or that man who has to undertake the lawful defence which he has handed over to him, to begin his defence to this suit which I have set on foot against him, for now all the steps and proofs have been brought forward which belong by law to this suit; all witness borne, the finding of the inquest uttered and brought in, witness taken to the finding, and to all the steps which have gone before; but if any such thing arises in their lawful defence which I need to turn into a suit against them, then I claim the right to set that suit on foot against them. I bid this my lawful bidding before the court, so that the judges may hear."
"It gladdens me now, Eyjolf," said Flosi, "in my heart to think what a wry face they will make, and how their pates will tingle when thou bringest forward our defence."