[31] The Act making poisoning high treason was repealed by 1 Edward VI., c. 12, sec. 12, which made poisoning wilful murder, to be punished as murder. Harrison was therefore mistaken in writing of the punishment as if it still existed. Curiously enough Bacon, on the trial of the Earl of Somerset, eulogised Henry’s Act, without hinting at its repeal. [32] “The Christian Prudence of this Customary Law” is defended in a little work, “Hallifax and its Gibbet-Law Placed in a True Light,” 1708, containing an illustration copied in Gough’s edition of Camden’s “Britannia,” and in the enlarged “Magna Britannia,” ed. 1731, vi. 384. In “Hallifax and its Gibbet-Law” it is stated, with every appearance of probability, that the custom goes back to a date before the Norman Conquest. It appears that the last persons executed were Abraham Wilkinson and Anthony Mitchell in 1650 for stealing 9 yards of cloth and two colts. [33] Thorpe, “Anc. Laws and Inst. of England,” fo. ed., p. 252. [34] Chron. Benedict of Peterborough, ed. Stubbs, i. 122-3. [35] “Gleanings from Westminster Abbey” (Sir Gilbert Scott), 1863, pp. 282-90, where the original authorities are mentioned. [36] Chrons. of the Reigns of Edward I. and Edward II., ed. Stubbs, i. 132. [37] “Historical Memorials of Westminster Abbey,” 1868, pp. 384-5. [38] Chron. Walter of Coventry, ed. Stubbs, ii. 251-2; Gregory’s Chron. (Camden Socy.), p. 63; Chron. Grey Friars, in Mon. Francisc., ed. Howlett, ii. 146; Capgrave, ed. Hingeston, p. 151. Coggeshall, Chron. Angl., ed. Stevenson, p. 11. [39] “Tractus” is the usual form; for the other forms see, for example, Chron. Angliæ, ed. Thompson, p. 2; Chron. Barth. Cotton, ed. Luard, pp. 132, 159, 164, 166. [40] See illustration in Annals, under year 1242. [41] Annals, under year 1196. [42] “Et super corium bovinum tractus, ne concito moreretur” (Annales de Vigornia, in Annales Monastici, ed. Luard, iv. 523). [43] “Liber Assisarum, Le Livre des Assises et Pleas del’ Corone,” &c. Sir Robert Brook, 1679. This sentence contains the first mention of the hurdle in this connection. In the Popish Plot sentences “sledge” and “hurdle” are used indifferently as names for the same thing. [44] Chronicles: Waverley, ed. Luard, ii. 378; Flores Hist. ed. Luard, iii. 24-6; Osney (in Annales Monastici, ed. Luard, iv. 251); Cotton, ed. Luard, p. 148; an account unfavourable to the prior is found in Liber de Antiq. Leg., Riley’s translation, pp. 150-3. [45] Matthew Paris, Chron. Majora, ed. Luard, iii. 497, 498.