 Trial by battle was a procedure which had been brought to Britain by the Normans; it was not present in Saxon law. It was authorized in "appeals of murder", that is, retrials by private prosecution following an acquittal for murder. If the plaintiff (in an appeal of murder, the next-of-kin of the deceased) requested such a retrial, the defendant could respond with the "wager of battle", that is, requiring the plaintiff to settle the matter by combat, with the outcome to be ordained by God. Such an appeal, and such an offer of battle could also take place following an acquittal for treason or another felony. Appeals of murder were uncommon, had to be brought within a year and a day of the death, and were generally tried by jury. In 1815, three years before Ashford v Thornton, an appeal of murder was brought in Dublin in O 'Reilly v Clancy, and the defendant demanded the wager of battle. Chief Judge William Downes (later Lord Downes), faced with this case, asked:
