Adam and bohun Jan the course of the court be that where a account must  necessary be direct at the hear a Commission before the hear shall never be  grant to examine witness beyond sea when the grant such Commission will delay  the direct the account and the proper time to apply for such Commission be  after the account be direct where a Commission shall not be grant to examine  witness beyond sea notwithstanding the party consent to go to hear at the same  time as if Commission be not grant Charles Bohun be governor of one of the  English Settlements in the eastindies and at the same time Adam be governor of  another of they the two governor have several deal with one another and the  account between they be never settle both the governor die the plaintiff be  representative of one of they and the defendant be representative of the other  a bill be bring in order that that account may be take the defendant put in  his answer and thereby object only to two item in the account which be set  forth in the bill since the put in this answer a motion be make by the  defendant in order to have a Commission to the eastindies to examine Thomas  Walters who be a kind of secretary to Charles Bohun in relation to those two  item in the account that motion be refuse upon these two ground one that in a  bill of this sort wherein no account be pretend to be settle a Commission of  this kind be not in the nature of it proper to be grant before the hear of the  Cause the other that the affidavit be not certain enough Barnardiston the  affidavit be now amend and thereupon the motion be make again Lord chancellor  say his opinion be that this motion ought not to be grant Barnardiston er p he  say the course of the court be that where a account must necessary be direct  at the hear a Commission before the hear shall never be grant to examine  witness beyond sea when the grant such Commission will delay the direct the  account and the proper time to apply for such Commission be after the account  be direct the material point therefore insist on for the defendant be that  there be but two item in the account in question which he dispute and if those  item can be determine without direct a account there may be reason possible  for grant the Commission which be ask but this be such a case as in the nature  of it require that a account shall be direct in whatever way the item in  question be determine if there have be a state account and a bill bring in  order to open that account on particular error suggest their may have be  reason for grant the Commission in question provide the witness that be beyond  sea be the only person that can depose in relation to those error but no such  state account be pretend to be in the present case it have be indeed offer  that the defendant will go to hear at the time that otherwise he will  notwithstanding such Commission shall be grant but that offer will not vary  the case for in the nature of the thing the grant such Commission must of  necessity suspend publication and no consent almost can alter that matter his  lordship say that he never know a Commission of this sort grant in such a case  as the present one accord the motion be refuse