brown richard lord wenman appellant sir William Osbaldiston and other  respondent that march Mews dig three on a question whether a defendant can be  hear before he have clear his contempt though he offer to pay all the  plaintiff demand it be order that he shall bring before the master all the  principal interest and cost and then be at librety to move to have his  sequestration discharge viner vol p can Eq can ab can Richard Lord wenman have  issue three child namely the appellant his only son and the respondent  Katherine and mary his daughter make his will date the d of October and  thereby give his say two daughter pound apiece for their portion for the raise  whereof and also for the payment of his debt he give to lady wenman his wife  who he make sole executrix all his personal estate and full power to sell his  land in HamptonGay and also his feesimple land in ensham if need shall be in  Hilary term the daughter be then infant exhibit their bill in chancery against  lady wenman and the appellant for a discovery of the testator estate and for  satisfaction of their say portion and by the decree make in that cause on the  that of may a account be direct to be take of the estate liable to the say  portion which be to be apply towards satisfaction thereof but notwithstanding  this decree no care be take to secure or satisfy these portion and the several  party to that suit have marry videlicet the old daughter Katherine with the  honourable Robert bertie the young daughter mary with the respondent John  Churchill Wicksted and the dowager lady wenman first with the earl of Abingdon  and after his death with Mr Wroughton a new bill be file by Mr bertie and his  lady and Mr Wicksted and his lady against Mr Wroughton and the lady wenman and  also against the appellant in order to have a satisfaction of the say portion  and a account of the estate Chargeable therewith and upon the hear of this  cause on the that of may a account be direct to be take of the estate subject  to the say portion and it be order that the same shall be pay out of the  personal estate and the rend and profit of the real estate liable thereto and  out of the money which have arise from the sale of certain land then sell and  not apply towards the payment of debt so far as these several fund will extend  and if the same shall prove deficient then the several other estate charge  with the payment of the brown say portion be to be mortgage or sell for supply  the deficiency Mr bertie afterward die the respondent Katherine intermarry  with the respondent sir William Osbaldiston and the suit be on that occasion  revive brown er p a order be on the that of January make by the master of the  roll whereby the appellant be order to be examine upon interrogatory before  the master in aid of the account direct by the decree in pursuance of this  order several examination be put in but all of they be report insufficient and  after very great delay in this business a order be make on the that of  November that the appellant shall put in his examination in four day or stand  commit to the prison of the fleet the appellant neglect to obey this last  order it be on the that of the same month make absolute for his commitment and  a warrant be issue accord but the appellant keep himself out of the way and a  non be invention be return the appellant in order to avoid a sequestration  which be the next process move the court on the that of December follow that  upon undertake to pay in a week time what shall appear due to the respondent  all further process of contempt may be stay but it be insist by the counsel  for the respondent that by the know rule and practice of the court person in  contempt ought not to be hear until they have submit to the justice of the  court by appear in person and clear their contempt the court decline make any  order upon this motion but direct the appellant to clear his contempt and then  move but this not be do the respondent on the same day obtain a order for a  sequestration until the appellant shall answer the interrogatory and clear his  contempt and the court shall make other order to the contrary the  sequestration have accord issue and be actual put in execution the appellant  appeal from all the order insist r Raymond I Hungerford that as the respondent  have no other demand decree they but the payment of their say portion and  interest and as the appellant have repeat offer to pay the same together with  the cost of the suit it be unreasonable that the appellant estate shall be any  long continue under sequestration on the other side it be argue S Cowper I  will that though upon a submission to the order of the court contempt be usual  discharge yet until such submission be make the party in contempt have no  right by the constant course of the court to be hear that the satisfaction  pretend to be offer on the appellant behalf be no performance of the order on  which the contempt be ground but that notwithstanding such offer the appellant  before he can be discharge from his contempt ought to put in his examination  and pay the cost and then but not before brown the contempt may be regular  discharge unless some disability judicial appear which render he incapable of  comply with the order accord after hear counsel on this appeal it be order and  adjudge that the several order therein complain of whereby the appellant be  order to stand commit and his estate to be sequester and also the  sequestration issue in pursuance thereof shall be affirm but it be further  order that it shall be refer to the master to compute what be due to the  respondent sir William Osbaldiston and dame Katherine his wife for principal  and interest of the portion of the say dame Katherine and to tax they their  cost of this suit and upon the appellant bring before the master the principal  money so find due in order to be pay as the court of chancery shall direct and  pay to sir William Osbaldiston what shall be due for interest and cost the  appellant may be at liberty to apply to the say court to discharge the say  sequestration give notice thereof to the respondent John Churchill Wicksted  and his wife and other person interest in her portion jour vol p brown er p  copyhold