clxxvi JERMINE and ARSCOTS case the case between Jermine and Arscot be this a  seize of land in fee have issue six son and one daughter and devise the manor  of c parcel of his say land to I S for ninety year if the say I S and g his  wife or any of they shall so long live the remainder to p his old son and the  heir male of his body the remainder to his other son in tail the remainder to  his daughter provide that if the say p his son or any d the son of the devisor  or any of the heir male of their body shall endeavour by any act or thing to  alien bargain or discontinue c that then after such attempt or endeavour and  before such bargain and sale c be execute that the estate of such person  attempt shall cease as if be be natural dead and that then the premise shall  remain and come to such person to who the same ought to come remain or be by  the intent and meaning of his will and die p levy a fine of the manor he in  the next remainder enter and claim the land by force of the devise this case  be this term argue by walmesly sergeant that a estate tail can cease for it be  a estate of inheritance and here be not any limitation for the estate tail by  the meaning of the devisor shall remain revivable upon the death of the  offender but a limitation determine the estate utter which be not here but  here it appear as well by the meaning of the devisor a by the word of the  devise that the estate tail upon such act shall be suspend and it can be  resemble to the case cite on the other side e a rend grant to one in fee and  that it shall cease during the nonage of every heir the rend be but suspend  between the party and privy to the gift as in the case of Littleton of reentry  and retainer until what time but that a stranger shall reenter and retain  until what time that can be and in the case of student report by Plowden the  estate tail by such offence be determine by the limitation but in our case by  the meaning of the devisor only suspend so our case be not like to that case  Shuttleworth to the contrary the purpose of the devisor appear to be the  continuance of the land in the name and family of the carry and as to the  difference of cease and suspend of a estate tail the same be not to the  purpose for the tenant in tail himself may suspend his estate tail therefore a  strong the donor upon the creation of the estate tail Leonard as by Littleton  tenant in tail grant totum position suum the estate tail be thereby suspend  and by Anderson if in such a case after such a grant tenant in tail levy a  fine in our case if tenant in tail offend and the party to who the next  interest be limit enter and after the offender levy a fine to a stranger there  although his estate be determine by the offence yet the estate tail be bind by  the fine ad quod the other justice murmuraba tenant in tail have issue two son  the old in the life of his father levie a fine and after the father die the  estate tail be bind contrary if the father have survive his old son and  afterward in the end of this term judgement be give against the plaintiff for  by the will here be a good limitation and a estate to cease upon a act and  upon another contingent to be revive be good enough vide e a lease for life  render rend and if the rend he behind that the lessor shall return until what  time agreement be make so as a freehold may cease and rise again accord as the  same be limit and all this be agree by Rhodes periam and Windham and afterward  Walmsley for the plaintiff take a exception to the bar for that the defendant  plead quod Petrus caryi tempore relief Finis predict non to have exit and do  not say that tempore quo ipse Henry to call reversion they predict the say  Peter have not issue for he say if Peter have issue when Henry claim the  reversion nothing have vest on he by the say claim but all the court beside  Anderson say that need not be but if the matter have be such the same shall  come on the part of the plaintiff also they say that the estate be vest in  Henry without claim and although after the offence commit and before claim  Peter have issue yet Henry shall retain the land during the life of the  offender against such issue bear after the fine levy for by the fine levy the  reversion vest in Henry without any claim by force of the say limitation  Leonard er p