ring their lives, being not within the miſchief, are not within the remedy.
2. A statute, which treats of things or perſons of an inferior rank, cannot by any general words be extended to thoſe of a ſuperior. So a ſtatute, treating of “deans, prebendaries, parſons, vicars, and others having ſpiritual promotion,” is held not to extend to biſhops, though they have ſpiritual promotion; deans being the higheſt perſons named, and biſhops being of a ſtill higher order[1].
3. Penal ſtatutes muſt be conſtrued ſtrictly. Thus the ſtatute 1 Edw. VI. c. 12. having enacted that thoſe who are convicted of ſtealing horſes ſhould not have the benefit of clergy, the judges conceived that this did not extend to him that ſhould ſteal but one horſe, and therefore procured a new act for that purpoſe in the following year[2]. And, to come nearer our own times, by the ſtatute 14 Geo. II. c. 6. ſtealing ſheep, or other cattle, was made felony without benefit of clergy. But theſe general words, “or other cattle,” being looked upon as much too looſe to create a capital offence, the act was held to extend to nothing but mere ſheep. And therefore, in the next ſeſſions, it was found neceſſary to make another ſtatute, 15 Geo. II. c. 34. extending the former to bulls, cows, oxen, ſteers, bullocks, heifers, calves, and lambs, by name.
4. Statutes againſt frauds are to be liberally and beneficially expounded. This may ſeem a contradiction to the laſt rule; moſt ſtatutes againſt frauds being in their conſequences penal. But this difference is here to be taken: where the ſtatute acts upon the offender, and inflicts a penalty, as the pillory or a fine, it is then to be taken ſtrictly: but when the ſtatute acts upon the offence, by ſetting aſide the fraudulent tranſaction, here it is to be conſtrued liberally. Upon this footing the ſtatute of 13 Eliz. c. 5. which avoids all gifts of goods, &c, made to defraud cre-
- ↑ 2 Rep. 46.
- ↑ 2 & 3 Edw. VI. c. 33. Bac. Elem. c. 12.
