If the person who was accused—were he knight or peasant—yielded, he was then forthwith hanged or beheaded as being guilty.[213] If, however, he prevailed in the combat or defended himself till the stars came out,[214] he might leave the field as being acquitted,[215] unless, perchance, the justices desired to put him on trial for something else, which they occasionally did. The custom of trial by battle, along with all other kinds of ordeals,[216] dropped out of practical usage during the thirteenth century,[217] but continued the law for five hundred years afterwards. In 1818 it was recalled into action.[218] One Abraham Thornton was strongly suspected of having outraged and murdered a girl, Mary Ashford. Although he was acquitted when tried by a jury, he was immediately accused by her brother and heir-at-law, and claimed to defend by the wager of battle. The fight was refused by the plaintiff, and shortly afterwards there was passed “An Act to abolish Appeals of Murder, Treason, Felony, or other Offences ... and Wager of Battel,”[219] so it could not be claimed again. Another haven of refuge from the clutches of the State was found within the pale of SANCTUARY. Although, like prayer or sacrifice,[220] existing round the globe from the beginning, we may confine ourselves to Christian shelters, as they alone affected our laws. The early Church doubtless afforded refuge as soon as it possessed the power to do so, and gave asylum from the reign of Constantine.[221] Laws were made on the right of refuge by Theodosius in 392,[222] boundaries of sanctuary were extended by Theodosius junior in the fifth century,[223] while many kinds of offenders were debarred from it under Justinian (483–565).[224] The saving power of sanctuary[225] would seem to have been but feeble and tentative in the earlier period, since debtors to the State, Jewish converts who were debtors, heretics and apostates, the slaves of orthodox masters (the slaves of heretics and heathens obtained their freedom[226]), and persons guilty of the more serious offences, were refused privilege.[227]