non obstanten.adj.prep.adv.

Brit.

/ˌnɒn ɒbˈstantiː/,

/ˌnɒn ɒbˈstanteɪ/, U.S.

/ˌnɑnɑbˈstɑn(t)i/,

/ˌnɑnɑbˈstɑnˌteɪ/

Forms: late Middle English 1600s– non obstante, 1600s non upstant.

Origin: A borrowing from Latin. Etymon: Latin non obstante.

Etymology: < post-classical Latin non obstante notwithstanding (from 13th cent. in British sources) < classical Latin nōn not (see non- prefix) + obstante , ablative singular of present participle of obstāre to be in the way (see obstant adj.).In Latin legal phrases non obstante is typically used in agreement with a noun in the ablative absolute construction, e.g. non obstante aliquo statuto in contrarium ‘notwithstanding any statute to the contrary’ (compare sense A. 1a), non obstante veredicto ‘the verdict being no hindrance’, ‘notwithstanding the verdict’ (compare sense C.). In form non upstant (see quot. 1641 at sense D.) probably a humorous alteration.

Chiefly Law.

A. n.

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.

†b. Roman Catholic Church. A clause of this kind issued by the Pope. Obsolete.

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society > faith > church government > member of the clergy > clerical superior > pope > papal documents > [noun] > clause in

non obstante1625

1625 S. Purchas Pilgrimes 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?

1669 W. Prynne Brief Animadversions 4th 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.

1726–31 N. Tindal tr. P. Rapin de Thoyras 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.

†2.

a. In extended use. A dispensation from or relaxation of a law or rule (frequently with on, of, to). Also: an exception to a rule. Obsolete.

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society > law > legislation > [noun] > cessation or suspension > in a particular case

legitimationc1540

non obstante1604

dispensation1607

the mind > attention and judgement > testing > attestation, witness, evidence > qualification > [noun] > reservation, proviso

conditionc1315

preveance?1316

purview1442

proviso1443

provision1450

saving1478

forprise1530

cautel1541

caveat1579

postulate1588

cautiona1593

non obstante1604

reservation1606

unless1606

reservancy1630

salvo1642

reserve1644

stipulation1792

reserver1807

get-out clause1912

clausula rebus sic stantibus1939

escape clause1945

1604 King James VI & I in Egerton Papers (1840) 397 Some warrant..wherein there may be some words inserted with a non obstante of this our absolute restraint.

a1631 J. Donne Poems (1654) 28 I do not sue from thee to draw A Non obstante on natures law.

1678 T. Jones Of Heart & Soveraign 498 A God devoid of all Divine Attributes..so shamefully mash'd with contradictions, and non-obstante's.

a1680 S. Butler Satires & Misc. Poetry & Prose (1928) 405 By industry can ne're attain to By any human non obstante.

1720 Bibliotheca Biblica I. 264 The Rule deliver'd down to us from the Beginning with our Non obstantes and Notwithstandings.

1742 R. North & M. North Life F. North 45 The Chief Justice..would not break a Law with a Non obstante.

b. with a non-obstante to: notwithstanding. Obsolete.

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the mind > attention and judgement > testing > attestation, witness, evidence > qualification > [adverb] > however, nevertheless, notwithstanding

though-whetherc897

nathelesseOE

though971

whetherOE

yetOE

neverlOE

what for-thyc1175

nethelessa1200

never the latterc1225

algatec1230

in spite of (despite, maugre, etc.) one's teethc1230

nought for thatc1275

(all) for noughtc1325

(in) spite of one's nosec1325

alway1340

thoughless1340

ne'er the later (also latter)a1382

ne'er the lessa1382

neverlatera1382

neverthelessa1382

ne for-thia1400

neverlessa1400

not-againstandinga1400

nauthelessc1400

nouthelessc1400

algatesc1405

noughtwithstanding1422

netherless?a1425

notwithstanding1425

nethertheless1440

not gainstandingc1440

not the lessa1450

alwaysa1470

howbeit1470

never þe quedera1475

nought the lessc1480

what reck?a1513

nonetheless1533

howsomever1562

after all1590

in spite of spite1592

meantime1594

notwithstand1596

withal1596

in the meanwhile1597

meanwhile1597

howsoever1601

in (one's) spite?1615

however1623

in the meantime1631

non obstante1641

at the same time1679

with a non-obstante to1679

stilla1699

the same1782

all the same1803

quand même1825

still and all1829

anyhow1867

anyway1876

still and ona1894

all the samey1897

just the same1901

but1939

1679 R. South Serm. Several Occasions 7 These words import the hindrance of the duty enjoyned which therefore is here purposely enforced with a non obstante to all opposition.

1694 R. South 12 Serm. II. 47 With a non obstante to all their Revels, their Profaneness, and scandalous Debaucheries of all sorts, they continue virtuoso's [sic] still.

1710 Chuse which you Please 2 These Men allow of a Mental Reservation, with a Non Obstante to their express Oath to the contrary thereunto.

1839 Tait's Edinb. Mag. Apr. 250/1 A good nature will sympathize with that joy.., no matter for any private grievances, and with a non obstante to any wrong..which it may suppose itself to have suffered.

B. adj. (attributive).

Designating a clause, licence, etc., beginning with the expression non obstante.

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society > law > legal document > [noun] > paragraph or clause > notwithstanding clause

non obstante1444

1444 Rolls of Parl. V. 104/2 No patent of the seide offices..to be made, all be it yat yei be with this clause non obstante.

1719 C. Johnson Masquerade v. 79 If I had really marry'd both these Ladies, I had only obtain'd a Reprieve from the Gallows, with a Non obstante License to hang my self.

1810 A. Luders Tracts v. 338 The nonobstante clause was not long confined to one statute or to one branch of the royal prerogative.

1884 19th Cent. Dec. 923 The quibbles and reservations, which could always be resorted to under colour of the non obstante clause, constantly afforded excuse for fresh encroachments.

1928 Amer. Hist. Rev. 33 362 Mr Charles Crump..points out the significance of a non obstante clause in grants of Henry IV as an exercise of the dispensing power.

1982 R. Sheppard & M. Valpy National Deal vii. 144 The non obstante clause does exactly what its name implies.

C. prep.

Notwithstanding. Frequently used postpositively; also in non obstante veredicto: notwithstanding the verdict (see etymological note).

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the mind > attention and judgement > testing > attestation, witness, evidence > qualification > subjected to a condition [preposition] > in spite of

maugre?c1335

maugre of (also to, with)c1400

amaugrec1449

non-obstantc1460

nongainstandingc1485

spite of1509

in spite ofc1540

malgrado1590

despite ofa1593

despite1602

in the spite of1632

non obstante1632

malgré1770

in despite1868

1632 R. Brome Northern Lasse v. v. sig. K4^v I will haue a bout at fisticuffs in Law with your Ladyship: your great acquaintance, and alliance in the Whatshicall Court Non obstante.

1646 H. Hammond Wks. (1674) I. 254 That men were then saved non obstante this want of greater light.

1653 J. Collinges Responsoria ad Erratica Piscatoris Postscr. sig. V1^v If..the Church did enjoyn it (possibly) it might be observed this exception Non obstante.

1831 Biblical Repertory 3 499 I..make it a part of my piety to hate them; non obstante the shreds of truth disguised and intermingled in their constitution.

1892 Federal Reporter 50 850 A motion by the plaintiff that ‘judgment be entered on the verdict in this cause non obstante the exceptions’ was granted.

1925 Federal Reporter 2nd Ser. 9 392 The dredge, therefore, non obstante the statute, was lawfully where it was.

1943 Supreme Court Reporter (U.S.) 64 1 The trial court should determine the proceeding by non-suit..or by judgment non obstante veredicto.

1970 Law Rep.: Queen's Bench Div. 2 525 Thus Narraway's case can be taken to have been decided non obstante Anderson's case is thus a direct authority affecting the present case.

†D. adv.

Notwithstanding. Obsolete. rare.

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