The last certain trial by battle in England occurred in 1446: a servant accused his master of treason, and the master drank too much wine before the battle and was slain by the servant. In Scotland and Ireland, the practice was continued into the sixteenth century. In 1446 a trial by combat was arranged between two quarreling Irish magnates, James Butler, 5th Earl of Ormonde and the Prior of Kilmainham, but King Henry VI intervened personally to persuade them to settle their differences peacefully. The wager of battle was not always available to the defendant in an appeal of murder. If the defendant were taken in the "mainour" (that is, in the act of committing his crime), if he attempted to escape from prison, or if there was such strong evidence of guilt that there could be no effective denial, the defendant could not challenge. Similarly, if the plaintiff was a woman, above 60 years of age, a minor, lame or blind, they could decline the challenge, and the case would be determined by a jury. Peers of the realm, priests, and citizens of the City of London (the last pursuant to their guarantee of ancient liberties under Magna Carta) could also decline the battle if challenged. If the actual battle took place, it would occur in judicial lists, square, following the taking of oaths against witchcraft and sorcery. If the defendant was defeated and still alive, he was to be hanged on the spot. However, if he defeated his opponent, or if he were able to fend off his opponent from sunrise to sunset, he would go free. If the plaintiff said the word "craven" ("I am vanquished") and gave up the fight, he was to be declared infamous, deprived of the privileges of a freeman, and was liable for damages to his successful opponent. The earliest case in which wager of battle is recorded was "Wulfstan v. Walter" (1077), eleven years after the Conquest. Significantly, the names of the parties suggest that it was a dispute between a Saxon and a Norman. The "Tractatus of Glanvill", from around 1187, appears to have considered it the chief mode of trial, at least among aristocrats entitled to bear arms. Around 1219, trial by jury replaced trial by ordeal, which had been the mode of proof for crown pleas since the Assize of Clarendon in 1166. With the emergence of the legal profession in the thirteenth century, lawyers, guarding the safety of the lives and limbs of their clients, steered people away from the wager of battle.