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单词 clause of non-obstante
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clause of non-obstante
a. A clause in a statute or letter patent conveying a dispensation from a monarch or other executive to perform an action notwithstanding any statute to the contrary (see etymological note). Also in clause of non-obstante. Now historical.In England this form of dispensation was first used by Henry III; it was abolished by the Bill of Rights, enacted in 1689.
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1441–3 in H. Nicolas Proc. & Ordinances Privy Council (1835) V. 316 (MED) Graunte..that no lettrez patentz under your grete seal passe of eny suche licence of marchandise of the staple to cary un to eny other place then to the seid staple notwithstondyng eny waraunt with clause of nonobstante her aftur.
?1601 H. Townshend in T. E. Hartley Proc. Parl. Elizabeth I (1995) III. 376 Admitte we should make this statute with a non obstante, yett the Queene maye graunte a pattent with a non obstante to crosse this non obstante.
1628 E. Coke 1st Pt. Inst. Lawes Eng. 99 a When he [sc. 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.
1686 N. Luttrell Diary in Brief Hist. Relation State Affairs (1857) I. 380 The King's power of dispensing with all penall lawes by a clause of non obstante.
1744 R. North & M. North Life Sir D. North & Rev. J. 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?
1764 J. Otis Rights Brit. Colonies 21 And be it further declared and enacted..that from and after this present session of parliament, no dispensation by non obstante of or to any statute or any part thereof, shall be allowed.
1853 Biblical Repertory 25 552 Thereupon if it appeared fit, the license was granted with a non obstante of the statutes of mortmain.
1853 Biblical Repertory 25 552 At the Revolution the whole doctrine of the royal prerogative to dispense with acts of Parliament by a clause of non obstante was exploded.
1988 Hist. Jrnl. 31 557 Even if the bill did become law, the king could dispense with it by a non obstante.
1998 Jrnl. Mod. Hist. 70 157 A more extended discussion of the whole issue of the royal dispensing power and granting of non obstantes would have been valuable.
extracted from non obstanten.adj.prep.adv.
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