| 释义 |
‖ non-obstante|nɒnɒbˈstæntiː|
[mod.L. = nōn not + obstante (abl. sing. of pres. pple. of obstāre to be in the way), orig. agreeing with a n. in the abl. absol. const., e.g. non obstante veredicto ‘the verdict being no hindrance’, ‘notwithstanding the verdict’.]
†1. as adv. or prep. Notwithstanding. Obs.
non upstant in Ben Jonson's Gipsies Metam. Wks. (1641) 67 is prob. intended as an ignorant corruption of this word.
1646Hammond Wks. (1674) I. 254 That men were then saved non obstante this want of greater light. 1653J. Collinges Caveat for Prof. 138 If..the Church did enjoyn it (possibly) it might be observed, this exception Non obstante.
2. as n. (Law.) The first two words of a clause formerly used in statutes and letters patent, which conveyed a licence from the sovereign to do a thing notwithstanding any statute to the contrary (non obstante aliquo statuto in contrarium); hence (in full, clause of non-obstante), a clause of this nature. Now Hist.
In England this form of dispensation was first used by Henry III in his charters (see 2 b, quot. 1669); it was abolished by the Bill of Rights.
1444Rolls of Parlt. V. 104/2 No patent of the seide offices..to be made, all be it yat yei be with this clause non obstante. 1601Sir G. Moore Sp. in Townsend Hist. Collect. (1680) 234 Admit we should make the Statute with a non Obstante; yet the Queen may grant a Patent with a non Obstante to cross this non Obstante. 1628Coke On Litt. 99 a, When he [the King] licenceth expressly to alien an Abbot, &c. which is in Mortmaine, he needs not make any non obstante of the Statutes of Mortmaine. 1642C. Vernon Consid. Exch. 62 The Non-obstantes in the Leases of Recusants lands. 1668Ormonde MSS. in 10th Rep. Hist. MSS. Comm. App. V. 65 To draw up..a pardon..and to insert therein all such clauses and non-obstantes as in like cases are usual. 1686Luttrell Brief Rel. (1857) I. 380 The King's power of dispensing with all penall lawes by a clause of non obstante. 1688Act I Will. & Mary c. 2 §52 That..after this present Session of Parlyament noe dispensation by Non obstante of or to any Statute..shall be allowed. 1744North Life Dudley North 184 What should hinder the great Seal from sending forth Commissions,..with non obstante's in the Body of them, against the Test Laws?
attrib.1810A. Luders Tracts v. 334 In the next year (1251) the King..executed his design of imitating the Pope by a nonobstante grant. Ibid. 338 The nonobstante clause was not long confined to one statute or to one branch of the royal prerogative.
b. With reference to papal use.
1625Purchas Pilgrims ii. viii. vi. §3. 1257 But what is this to the Popes Non obstante? a plenitude of power to dispense with Oathes, Vowes, and whatsoeuer Diuine or Humane, standing in the way of his Monarchie? 1669Prynne Animadv. Fourth Pt. Inst. 132 King Henry the 3, though he at first detested..these..Non-obstantes in Popes Bulls..yet at last he began to imitate them. 1726–31Tindal tr. Rapin's Hist. Eng. (1743) I. 527/1 It was a mortal blow to the court of Rome, to whom the clause of Non-obstante, so frequently used by the Popes, became fruitless, at least with regard to the collation of benefices.
†3. transf. and gen.
a. A dispensation from or relaxation of a law or rule. Const. on, of, to.
b. An exception to a rule. Obs.
1604Jas. I in Egerton Papers (Camden) 397 Some warrant..wherein there may be some words inserted with a non obstante of this our absolute restraint. a1631Donne Poems (1654) 28, I do not sue from thee to draw A Non obstante on natures law. 1678T. Jones Heart & its Soveraign 498 A God devoid of all Divine Attributes..so shamefully mash'd with contradictions, and non-obstante's. 1720S. Parker Biblioth. Bibl. I. 264 The Rule deliver'd down to us from the Beginning with our Non obstantes and Notwithstandings. 1742North Lives of Norths 45 The Chief Justice..would not break a Law with a Non obstante.
†c. with a non-obstante to: notwithstanding.
1659South Serm. (1727) I. 88 These Words import the Hindrance of the Duty enjoyned; which therefore is here purposely enforced with a Non-obstante to all Opposition. 1667Ibid. II. 37 With a non obstante to all their Revels, their Profaneness, and scandalous Debaucheries of all sorts, they continue Virtuoso's still. 1710Chuse which you Please 2 These Men allow of a Mental Reservation, with a Non Obstante to their express Oath to the contrary thereunto. |