LEGAL SUBJECTS* 463 



withstanding that clause of restraint, might grant 

 dispensations at his pleasure with a e( non ob- 

 stante&quot; thereof. Therefore seeing this royal pre 

 rogative and power to grant dispensations to 

 penal laws is so incident and inseparable to the 

 crown, as a clause in an act of parliament cannot 

 restrain it, I am of opinion, that when the late queen 

 granted to Sir Ed. D Arcy to have the sole impor 

 tation of this manufacture without limitation, and 

 that no other should import any of the same during 

 21 years, that the same was not of force either 

 against the late queen, or is of force against 

 your majesty : for, if the said grant were of force, 

 then could not the late queen or your majesty, 

 during the said term, grant any dispensation of this 

 statute concerning this manufacture to any other for 

 any cause whatsoever ; which is utterly against your 

 majesty s inseparable prerogative, and consequently 

 utterly void ; which falleth not out where the licence 

 hath a certain limitation of quantity or stint ; for 

 there the crown is not restrained to grant any other 

 licence. 



And therefore where it was resolved by Popham 

 chief justice, and the court of King s Bench, before 

 I was a judge, That the said dispensation or licence 

 to have the sole importation and merchandizing of 

 cards without any limitation or stint, should be void, 

 I am of the same opinion ; for that it is neither 

 against your majesty s prerogative, nor power in 

 granting of such dispensations ; but tendeth to the 

 maintenance of your majesty s prerogative royal, 



