case the queen against rogers the common sergeant may file a information in  the mayor court to speak contemptuous to a alderman while hold a wardmote be  not indictable SC salk SC holt SC ld ray a information be exhibit against  Roger in the name of the common sergeant of the city of London in the mayor  court ground upon a custom in London to punish in that manner any that shall  give opprobrious or affront language to any of their alderman the information  set forth another custom for hold a leet on such a day yearly in the several  ware that sir Robert Jeffreys be steward of such a leet in such a ware and sit  in the say court hold at c as steward that the defendant make a assault upon  he and contemptuous say he have as much to do there as I have he mistake  himself for he be not now among his Bridewell bird and the next year he shall  keep his court there sir Robert jefferies be governor of Bridewell and also a  alderman of the city of London he hold a wardmote in the church of the parish  of which the defendant be then churchwarden the defendant make a assault upon  he and say if I be churchwarden next year you shall ask my leave to keep your  wardmote here upon which sir Robert jefferies call he a rogue and a rascal and  the defendant reply I have as much to do here as you you think sure you be  among your Bridewell bird you be mistaken  SC ld ray a this matter be bring up  by habeas corpus it be move that the defendant shall be discharge there be  nothing in the word for which a indictment lie except the assault for at most  they be but word of disrespect for which there be no other remedy than to bind  the party to good behaviour or for want of surety to commit he and that may be  lawful do in case of disrespectful word to a magistrate or if one in a court  behave himself insolent he may be commit immediate as for a contempt beside it  be say there be nothing in the word but what be true modern the defendant be a  suitor therefore he be bind to be there and he have a right to be there the  steward be not among Bridewell bird and as to he shall not hold court there  next year he have a right to hinder it for the court be hold in the church and  he be churchwarden holt chief justice it may be that they have a custom to  punish by information for reasonable cause but it will be a great question  whether the cause here be such and whether there may be a custom to make word  more criminal than the commonlaw make they this be not like the case of call a  woman a whore which be punishable there though not at commonlaw for that be  ground upon another modern er p custom of punish fornication there which be  not punishable anywhere else and he say that a contemptuous carriage and  behaviour to a magistrate be a breach of the good behaviour and be to who such  affront be offer may bind he to his good behaviour or if be have no surety  commit he until he find some so in this court if a witness be insolent we may  commit he for the immediate contempt or bind he to his good behaviour but we  can indict he for it and that be the course accord to the commonlaw of England  and a bind to good behaviour be not by way of punishment but it be to show  that when one have break the good behaviour be be not to be any more trust  give a man the lie in westminsterhall or in any great concourse of people be a  breach of the good behaviour the court at last award a procedendo as to the  assault for they may have a custom to punish by information such as assault  the magistrate