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90<br />

THE STORY OF YORK CASTLE.<br />

disturbancemadeby the monks, the privilege was taken<br />

from the ecclesiastical hangsmen. In 1379,at a meeting<br />

of the local and other authorities at York, the question<br />

was finally decided,and a new gallows was then ordered<br />

to be erected,and the place of which was calledTyburn.<br />

Within a month the new gallows was erected and used<br />

for an execution, the criminal first hung on this new<br />

" tree" beingone EdwardHewison. The greater part of<br />

the Castle andits land was handedover to the care of the<br />

county at a date between 1377 and 1399.<br />

The first<br />

account whichbears anystamp of authenticityof a Castle<br />

gaoleris the record of a personnamedOswald Wilkinson,<br />

who was appointed in 1557, but suffered death at<br />

" Tiborne " in 1572 for treason and conspiracy.<br />

After the transfer of the Castle from the custody of the<br />

Crown to that of the county, the towers continued to be<br />

used for purposes of confinement, but want of proper<br />

repair and their general neglect caused them to become<br />

so utterly ruinous that they were levelledin 1701, and a<br />

new gaol erected by a tax being laid on the lands of<br />

the county. The stone used for rebuilding was chiefly<br />

from the ruinedAbbey ofSt. Mary. Howard,about 1772,<br />

visited York Castle,and speaks interms of qualified praise<br />

of the arrangements for the lodgment of debtors and<br />

criminals. The very early days of York Castle as a prison<br />

are,as might be expected,markedwith the cruelty of the<br />

times. Here is an example: — Persons who would not<br />

plead,but remained silentin order to prevent the confiscation<br />

of their estates from their family, were visited by<br />

what was called the Judgment of Penance. The form<br />

was as follows: — " That you be taken back to the prison<br />

whence you came, to a low dungeoninto which no light<br />

can enter; that you be laid on your back on the bare<br />

floor, with a clothround your loins,but elsewhere naked;<br />

that there be setupon your body a weight of iron as great<br />

as you can bear — and greater; that you have no sustenance<br />

save, on the first day, three morsels of the coarsest<br />

bread; on the second day, three draughts of stagnant

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