case Dodson against lynn Trinity term car roll in a licence to a parson with  cure of soul to accept of another benefice modi sit infra ten mile of the  former the word modus sit infra shall not be take as a condition so as to make  the first benefice void on the take of the second S C Jones roll ab Owen    light queen if a collate by a bishop during the archbishop visitation and  after his inhibition be good Bl Rep r ejectment of a lease of a house and land  in Molesworth for three year upon not guilty plead and special verdict the  case be Edward Lynn the defendant be parson of Molesworth the land in the  declaration be find to be parcel of the glebe of the rectory and that the say  rectory be a benefice with cure over the value of eight pound ayear it be find  that he be chaplain to the earl of Salisbury and obtain licence from the  archbishop of Canterbury to accept of another benefice modus sit infra ten  mile of the former which be confirm under the great seal Lynn accept another  benefice with cure which be find to be distant seventeen mile from the first  and be institute and induct thereto both be within the diocese of Lincoln and  that the archbishop make his visitation within the diocese of Lincoln and  inhibit the bishop of Lincoln to execute any jurisdiction during his  visitation and that the patron omit to present to the first benefice within  the six month and that the bishop of Lincoln within the second six month  collate the lessor of the plaintiff to the first benefice who be admit  institute and induct thereto and make the lease the question be whether the  plaintiff have good title against the defendant the principal doubt herein be  first whether modus sit be a condition in this licence and make the first  benefice void when he take the second second whether the bishop collate during  the time of the archbishop visitation and after his inhibition be good?And  because these question concern ecclesiastical jurisdiction the court require  to hear civilian in these point croak car doctor duck and dr Eden argue on the  part of the defendant and dr William lewen for the plaintiff and it be move on  the defendant part and there be show diverse text in the civil law that modus  and provided be express provisos in such licence and do not make a condition  unless there be add other word that if be do otherwise that then it shall be  void but be only as a admonition or caution that be shall be punishable by  ecclesiastical censure if be do otherwise and that this have be always the  exposition upon grant such licence and after argument at the bar all the court  resolve that this be there the exposition always after the statute although it  be general a condition in the exposition of the law as provided ita quod and  the like yet it be now to be expound as it have be usual otherwise great  inconvenience will ensue the multitude of benefice will be void and in lapse  to the king where they have be quiet enjoy by the other construction after  such avoidances plead and therefore they all agree that it shall not be here  take as a condition to make the first benefice void by the Henry c but shall  be leave as it be at the commonlaw before the statute and that the take of a  second benefice make not the first void quoad the patron until deprivation as  it be in   b in holland case and then the second question whether the  collation by the bishop in the time of the archbishop visitation and after  inhibition will not be material wherefore it be adjudge for the defendant  croak car er p