case speed and sarah his wife administratrix of Anderson her former husband  vers martin in scacc where there be a single witness against the defendant  oath this be not sufficient evidence for a decree this be a bill to have a  note of give by Anderson to the defendant deliver up and a injunction to stop  the defendant proceed at law and in the spiritual court comens er p the case  be this Anderson the intestate borrow of the defendant at several time for  which he give a note for date in may and a note for date in may on the rd of  July a account be settle and have be before pay and endorse on the note the  plaintiff insist that Anderson then pay more in full of principal and interest  on both note and the note be deliver up and the defendant not have the note  then with he he promise to deliver it as soon as it be find and give a receipt  for in full of both note and all demand but Anderson die on the that of July  follow comens the defendant put the note in suit and then stop that suit  proceed in the spiritual court to obtain administration as principal creditor  by his answer the defendant swear that on the d of July he receive only in  satisfaction of the note and interest which be deliver up and prove by one  witness that Anderson say a few day before his death that ill or be still due  to he on which it be insist for the defendant that the plaintiff bill ought to  be dismiss since the defendant have deny the equity of the bill and the  plaintiff have not prove the payment of save by one witness his servant who  swear that he see the pay and the receipt produce be read over to he and he  set his mark to it and one witness be not sufficient to find a decree against  the defendant oath it be insist for the plaintiff that the bill be proper  since the defendant be vexatious have begin a suit on which the matter may be  try and then sue in the ecclesiastical court and bill forpeace be usual and to  have bind or note deliver tip that be satisfy and here beside the one witness  who be positive there be the defendant receipt under his hand which he deny  only as he remember and believe and as to Anderson declare that or be due we  can prove his declaration to the contrary per cur Anderson declare he owe  nothing be no evidence for he can take advantage of his own declaration and  one declaration that he do owe money be of more avail than twenty declaration  to the contrary that the bill be not improper since the defendant will not  proceed in the action wherein the fact may be try but affect to get the  administration to himself let therefore the bill be retain but in case the  defendant be Willing to try whether the be due or not he shall have liberty to  do it since there be but one witness in effect against his oath be be positive  that Anderson pay but the witness be as positive that he pay comens let that  be try before the end of next term and the bill retain till that time and in  the meantime a injunction to stop the proceed at law and in the ecclesiastical  court vide vern Christ college in Cambridge versus Widdrington on a hear on  the that of February before Rawlinson and Hutchins lord commissioner the cause  be refer to a account and as to one article of the account there be but one  witness against the defendant oath et per cur it be not sufficient evidence to  decree against the defendant and the plaintiff have have the benefit of a  discovery on the defendant oath we will not send it to be try at law where one  witness be sufficient though insist on by the defendant counsel that it may be  try at law in the case of Walton vers Hobbs report in atk it be lie down that  where there be a single deposition only against the oath of a defendant in his  answer and the fact deny in the answer be equal strong with those that be  affirm by the deposition there the rule that you can have no decree upon such  single evidence against the defendant will hold but where there be a great  many concur circumstance that strengthen and support the deposition of this  witness it do not come within the aforementioned rule the same point be  determine in the case of janson vers Rany atk and in the case of only vers  walker atk note this be only in respect to one article on the account before  the master and the plaintiff have before the benefit of the decree a account  and discovery from the defendant comens er p