case the queen against cecil the Elizabeth c extend to covenant servant if in  husbandry justice can make a order on Elizabeth c to pay servant wage on the  oath of the servant but see note at the end of the case Mr Gilbert move to  quash a order of session make upon the master to pay seven pound to I S his  servant in husbandry the first objection be that I S be a covenant servant and  the statute Elizabeth c S do not extend to such though in husbandry Powell  justice hold that the statute Elizabeth c have a favourable construction have  be extend to covenant servant if in husbandry the second objection be that the  order appear to be make upon the oath of I S the servant which be contrary to  the rule of evidence that the servant oath shall be take in his own cause and  as to its be set forth that it be upon hear of counsel that do not alter the  case beside there may be other evidence for though perhaps other can prove the  contract yet they may prove the service lutwych contra this be not to be bind  by that rule for here be a power give by a Act of parliament for the benefit  of poor servant beside it do not appear that there be other evidence and here  be a adjudication that so much be due this be do every day on order for the  settlement of poor people upon the party single oath Raymond in answer to  lutwych this be not like the case of settlement for it be indifferent to the  party where he be settle modern report Powell justice as to this second  objection say that he will not take it that there be other evidence that he  believe the wage be certain in most county and the way be to examine the time  of service by other and the justice to adjust the quantum we allow a man to be  a witness in his own cause for necessity as on the statute of hue and cry but  here may be other evidence notam the justice at session be to appoint statute  wage but it be quash holt chief justice absent upon the second exception a but  see Geo c by which in the case within the Act the justice be empower to  examine the servant upon oath and make a order thereon for the payment of wage  and by Geo c S this power be extend to the case of all servant in husbandry  though hire for less time than a year a