c nurse v guillem mich S c Charles Rep Eq can ab Lord Bridgeman proof of  contempt by the plaintiff nurse be examine as a witness though plaintiff to  prove service of a decree and on debate the deposition allow for though it be  a undoubted rule of evidence that the suspicious testimony of a party must not  be hear for the purpose of influence the decision of the cause that can not be  the effect of admit the plaintiff evidence in this case where a decree have be  make if the question of cost be also as must be presume settle the plaintiff  testimony be admit not in advancement of his own interest which be previous  ascertain but in support of the jurisdiction of the court and rule that the  plaintiff oath be sufficient to convict the defendant of a contempt unless the  defendant swear quite contrary the testimony of one witness if support by  collateral circumstance may in some case prevail against the positive oath of  a defendant Morphett v Jones Swanst tool v Medlicott ball land Beatrice but in  tenderness for the liberty of the subject it be express provide by Lord  clarendon order see Ord in cham edit beam that although a single affidavit may  be sufficient to ground a attachment for a contempt by word yet the party  accuse will not be commit if he be not find guilty of the misdemeanour save by  the oath of the party who make such affidavit and Lord Hardwicke c in the anon  case atk consider the same rule applicable even when the contempt amount to  battery but this have be decide otherwise see Elliot v Halmarack I Meriv and  the word of the order itself express point out the difference of proceed  accord to the different degree of enormity in the respective offence Reg lib b  fol by the last cite entry it appear that the court see no reason to alter the  master report find the plaintiff to be in contempt and accord confirm the same  but if the defendant perform the decree in question then he be not to be  commit and the deposit make on fill the exception be to be return to he the  defendant do not perform the say decree wherefore on the d of February he be  commit to the fleet and the deposit deliver out to the plaintiff by fol we  learn that on the that of February the defendant counsel move for a habeas  corpus to enable the defendant to go down into the country for the special  purpose of perform the say decree and of deliver up to the plaintiff peaceable  possession of the premise in question which be grant and on exception to a  master report the defendant be find in contempt