Thou handest over to me this suit to plead and
to settle, and to enjoy all rights in it, as though I were the
rightful next of kin. Thou handest it over to me by law; and I
[360] take it from thee by law.'" Afterwards, these witnesses
come before the court, and bear witness to the transfer in like
words: "He handed over to him then this suit, with all the proofs
and proceedings which belonged to the suit, he handed it over to
him to plead and to settle, and to make use of all rights, as
though he were the rightful next of kin. Thorgeir handed it over
lawfully, and Mord took it lawfully." The suit went on,
notwithstanding the change of hands, as if the next of kin were
plaintiff. This is shown by a further step in the proceedings.
The defendant challenges two of the court, on the ground of their
connection with Mord, the transferee, by blood and by baptism.
But Mord replies that this is no good challenge; for "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."
And the other side had to admit that Mord was right in his law.
I now turn from the German to the Roman sources. These have the
closest connection with the argument, because much of the
doctrine to be found there has been transplanted unchanged into
modern law.
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