ich 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[g].
[Footnote g: 2 Rep. 46.]
3. PENAL statutes must be construed strictly. Thus a statute 1 Edw.
VI. 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[h]. 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.
[Footnote h: Bac. Elem. c. 12.]
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 creditors _and
others_, was held to extend by the general words to a gift made to
defraud the queen of a forfeiture[i].
[Footnote i: 3 Rep. 82.]
5. ONE part of a statute must be so construed by another, that the
whole may if possible stand: _ut res magis valeat, quam pereat_. As if
land be vested in the king and his heirs by act of parliament, saving
the right of A; and A has at that time a lease of it for three years:
here A shall hold it for his term of three years, and afterwards it
shall go to the king. For this interpretation furnishes matter for
every clause of the
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