case CHOMLEY against humble Hilar term Elizabeth roll a feoff to one for life  with remainder over in tail proviso that if any of they in remainder in tail  shall alien the use shall cease in respect to he as if he be dead this proviso  be repugnant impossible and against law I   and and hob cro James and   a   b  winch and more Bac Abr Bac Abr dougl trespass upon demurrer the case be a  feoff be make to the use of one for life remainder to Henry Choinley in tail  remainder to another in tail remainder over in fee to the Lord chamberlain  Lord Hunsdon with this proviso that if any of they in remainder in tail go  about to levy a fine or to do any act whereby the use limit shall not take  effect accord to the limitation or that there shall he any discontinuance that  then the estate of he who so go about shall cease as if he be natural dead and  no otherwise and whether this be a good proviso and that the estate shall  cease by such a act do be the question after argument by the sergeant on  either side the court deliver their opinion that it be not good Anderson at  the commonlaw oestuy and use have nothing and a estate of inheritance at the  commonlaw can cease and the statute of use do not help it for the statute can  help any use where there be not any person who be seize to the use Walmsley  the proviso that it shall cease as if he be natural dead be void and without  sense for if he be dead it shall descend to the son and he shall he in in the  per by the father and it shall come unto he quasi by degree and step but that  can be when the father be in be and live wherefore the word in the proviso to  this purpose be void and without any signification and they be as if they  never have be mention and so it be a estate tail absolute and without  condition but in entry into religion the land shall descend to the son for the  law repates he dead but if a Act of parliament have be make ut above it shall  be good enough and shall make a dissent to the son without death but by  conveyance there can any such dissent he make a and a estate of inheritance in  land can be make to cease by any conveyance without some other Act  doing Heaumond ad idem a estate in tail can cease at the commonlaw no more can  it in use at this day for it be as a estate execute at the commonlaw and the  issue can have a formedon live the father and that feoff at this day shall he  shised to his use be absurd wherefore c say croak Elizabeth adjournatur and  not adjudge at that time but afterward in the next term adjudge that the  proviso be not good b and that the issue can not have it for the forfeiture I