§ Earl Greypresented a petition from JR. G. Butt, stating his having brought an action against sir N. Conant for false imprisonment, in committing him on a charge of libel before any indictment found or information filed, and that the judges had decided the point against him; he therefore complained to the House, and prayed relief, &c. His lordship, in presenting the petition, adverted to what he had formerly said upon the subject of the power assumed, or, he would rather say, usurped by magistrates, of judging of the nature of libel, by committing on charges for that alleged offence, without any indictment being found or information filed. To the opinion he then expressed, he still adhered, considering, as he did, such a practice to be a departure from the ancient laws of the land, and to be contrary to the principles of the constitution.
The Lord Chancellorobserved, that the judges had given it as their opinion, that there was no ground of complaint in the petitioner's case. With regard to the motion made by the noble earl on a former occasion, his objections to the power of the magistrates were, at the time they were made, deserving of every attention; but was fully of opinion, that they were not founded in law.
§ Lord Erskinesaid, he had on a former occasion, when his noble friend brought the subject before the House, stated that he considered arrest for libel, before an indictment was found, to be illegal; and he still maintained that opinion.
§ Ordered to lie on the table.