Case XLIII 2 H 7, 6 Patents, Pardons, Non Obstante: 1220

In cases of the King’s patents with non obstante for the shrievalty of any county, in fee, tail, or for life ; or for the exportation of wool, or for homicide ; although there are statutes which ordain such patents to be void, yet, with a clause of non obstante they are good, and to be allowed : and although the statutes say that such patents shall be void, although they have a clause with non obstante ; yet a patent of such things with words of non obstante any clause derogating from the non obstante will make the patent good. The reason of the law is, the King, by his royalty is trusted with the government, pardons and publick business: particular cases may happen which deserve remission, upon consideration of circumstances.

Citations:

[1220] EngR 267, (1220-1623) Jenk 173, (1220) 145 ER 113 (E)

Links:

Commonlii

Jurisdiction:

England and Wales

Constitutional

Updated: 06 May 2022; Ref: scu.461179