The doctrine of desuetude has not historically been favoured in the common law tradition. In 1818, the English court of King's Bench held in the case of Ashford v Thornton that trial by combat remained available at a defendant's option in a case where it was available under the common law. The concept of desuetude has more currency in the civil law tradition, which is more regulated by legislative codes and less bound by precedent. The doctrine went into decline after the Middle Ages, when the idea became prevalent that the king's assent was required to nullify a law.