case Gasson against Wordsworth at Lincoln inn hall July witness examine de  bene be in Sweden Council of Sweden refuse to let a commission be execute for  examine they in chief the deposition de bene be may be read lib Reg a foe S c  Ves sen Commission to examine witness de bene be be execute in Sweden  afterward another commission be send over to examine they in chief but the  council of Sweden refuse to let it be execute it be now move on the part of  the plaintiff that the deposition take de bene be may be read at the hear Lord  chancellor the rule be this where witness examine de bene be be abroad and  from a moral impossibility can attend at the commission to be examine in chief  or if the commission can b execute the court will allow the deposition de bene  be to be read at the hear of the cause the contempt of the commission bring  this case within that rule therefore the deposition de bene be may be read but  as the cause will not be beard for some time let publication be enlarge to  Michaelmas term and the party may endeavour to examine their witness in chief  in the mean time in the report of this case Ves sen this passage stand thus  the ordinary course of the court be that deposition de bene be be not to be  publish unless a witness die or be go to a great distance so that it be  impossible to have a subsequent examination of he in chief that be the usual  but not the only case in which the court can order the deposition to be  publish the fundamental rule be that they be not to be publish but where there  be a moral impossibility to have that examination in chief that appear here  for what be now do in Sweden be in direct disclaimer of this commission and be  by a pretend court set up there and hope in contrary to the substantial  justice of this court which require it to be secret see Marsden v bind vern  see anon Ves where the witness be from length of time presume to be dead but  the deposition though publish can be read at law till it be prove that the  witness can not be examine at the trial lutterell v Reyneli Mod Andrews v  palmer vesey and beam and see palmer v Lord Aylesbury Ves Corbett v Corbett v  b Gordon v Gordon Swanst fry v wood atk