Many prisons had no yards or courts of any kind. See J. B. Bailey, _The Condition of the Gaols as described by John Howard_, chap. ii. London, 1884. Footnote 149: _Ibid._ p. 16. Footnote 150: See E. F. Du Cane, _Punishment and Prevention of Crime_, chap. iii. p. 43, etc. London, 1885. Footnote 151: _Hall’s Chronicle_, p. 632, ed. of 1809. Footnote 152: P. 353. London, 1730. Footnote 153: Creighton, _Epidemics_, chap. vii. p. 383. Footnote 154: Vol. ii. p. 48. London, 1827. Footnote 155: _State of the Prisons_, p. 10, ed. of 1780. Footnote 156: _Ibid._ p. 13. Footnote 157: _Ibid._ p. 12. Footnote 158: There were always a few poor creatures who, although sentenced to transportation, were left behind to remain in prison, a fate worse than exile and perhaps worse than death. See Dept. Com., 1895, Appendix, p. 459. Footnote 159: “... Of the 160 offences referred to by Blackstone as punishable by death, four-fifths had been made so during the reigns of the first three Georges.”—J. A. M. Irvine, _Chambers’s Encyclopædia_, ii. p. 743, art. “Capital Punishment.” London, 1888. Footnote 160: James Mackintosh, _Miscellaneous Works_, p. 718. Speech on the state of the Criminal Law, House of Commons, 2nd March 1819. London, 1851. Footnote 161: “The anecdotes which I have heard of this shameful and injurious facility I am almost ashamed to repeat. Mr. Burke once told me that on a certain occasion when he was leaving the House one of the messengers called him back, and, on his saying that he was going on urgent business, replied: ‘Oh, it will not keep you a single moment; it is only a capital felony without benefit of clergy.’”—Mackintosh, _Miscellaneous Works_, p. 718. Footnote 162: Mackintosh, _Miscellaneous Works_, p. 718. Footnote 163: There grew up, as an eminent judge of those days has declared, “a general confederacy of prosecutors, witnesses, counsel, juries, judges, and the advisers of the Crown, to prevent the execution of the criminal law.”—Sir William Grant, quoted by Mackintosh, p. 719. Footnote 164: Irvine in _Chambers’s Encyclopædia_, ii. p. 743. Footnote 165: Mackintosh, p. 718. Footnote 166: Reprinted in the _Times_, 18th January 1901. Footnote 167: Du Cane, _Crime_, pp. 35, 36. Footnote 168: Howard, _State of the Prisons_, p. 22. Footnote 169: See 8 & 9 Will. III. c. 27, A.D. 1697. Footnote 170: See, for instance, the removal of Governor Bambridge by 2 Geo. II. c. 32. T. Bird, _Letters from the Shades_. London, 1729. _Re_ Governor Huggins, etc., see _Report of a Committee of the House of Commons_, pp. 25, 26, 27. London, 1729. Footnote 171: Gaol fees were abolished in 1774 by 14 Geo. III. c. 20. Footnote 172: J. M. D. Meiklejohn, _Hist. Eng._ ii. p. 276. London, 1890. Footnote 173: See _The Tryal of William Acton, Deputy-Keeper of the Marshalsea Prison_, p. 4, etc. London, 1729.