The absurdity of Trial by Battle may be learned from the instances where it was invoked. Though originally permitted to determine questions of personal character, it was extended so as to embrace criminal cases, and even questions of property. In 961 the title to a church was submitted to this ordeal.[297] Some time later a grave point of law was submitted. The question was, "Whether the sons of a son ought to be reckoned among the children of the family, and succeed equally with their uncles, if their father happened to die while their grandfather was alive." The general opinion at first was for reference of the question to the adjudication of arbiters; but we are informed by a contemporary ecclesiastic, who reports the case, that the Emperor, Otho the First, "taking better counsel, and unwilling that nobles and elders of the people should be treated _dishonorably_, ordered the matter to be decided by champions with the sword." The champion of the grandchildren prevailed, and they were enabled to share with their uncles in the inheritance.[298] Human folly did not end here. A question of theology was surrendered to the same arbitrament, being nothing less than whether the Musarabic Liturgy, used in the churches of Spain, or the Liturgy approved at Rome, contained the form of worship most acceptable to the Deity. The Spaniards contended zealously for the liturgy of their ancestors. The Pope urged the liturgy having his own infallible sanction. The controversy was submitted to Trial by Battle. Two knights in complete armor entered the lists. The champion of the Musarabic Liturgy was victorious. But there was an appeal to the ordeal of fire. A copy of each liturgy was cast into the flames. The Musarabic Liturgy remained unhurt, while the other vanished into ashes. And yet this judgment, first by battle and then by fire, was eluded or overthrown, showing how, as with War, the final conclusion is uncertain, and testifying against any appeal, except to human reason.[299] [297] Robertson, History of Charles V., Vol. I. Note 22. [298] Widukindii, Res Gestæ Saxonicæ, Lib. II. c. 10: Monumenta Germaniæ Historica, ed. Pertz, Scriptorum Tom. III. p. 440. [299] Robertson, History of Charles V., Vol. I. Note 22.--The Duel has a literature of its own, which is not neglected by Brunet in his _Manuel du Libraire_, where, under the head of _Les Combats Singuliers_, Tom. VI. col. 1636-1638, _Table Méthodique_, 28717-28749, will be found titles in various languages, from which I select the following: Joan. de Lignano, Tractatus do Bello, de Repressaliis, et de Duello, Papiæ, 1487; Tractatus de Duello, en Lat. y en Castellano, por D. Castillo, Taurini, 1525; Alciat, De Singulari Certamine, Lugd., 1543. In the development of civilization how can the literature of War expect more honor than that of the Duel?