terminations of unlearned judges, or from any other cause
whatsoever. And, this being done either by enlarging the common law
where it was too narrow and circumscribed, or by restraining it where
it was too lax and luxuriant, this has occasioned another subordinate
division of remedial acts of parliament into _enlarging_ and
_restraining_ statutes. To instance again in the case of treason.
Clipping the current coin of the kingdom was an offence not
sufficiently guarded against by the common law: therefore it was
thought expedient by statute 5 Eliz. c. 11. to make it high treason,
which it was not at the common law: so that this was an _enlarging_
statute. At common law also spiritual corporations might lease out
their estates for any term of years, till prevented by the statute 13
Eliz. beforementioned: this was therefore a _restraining_ statute.

SECONDLY, the rules to be observed with regard to the construction of
statutes are principally these which follow.

1. THERE are three points to be considered in the construction of all
remedial statutes; the old law, the mischief, and the remedy: that is,
how the common law stood at the making of the act; what the mischief
was, for which the common law did not provide; and what remedy the
parliament hath provided to cure this mischief. And it is the business
of the judges so to construe the act, as to suppress the mischief and
advance the remedy[e]. Let us instance again in the same restraining
statute of the 13 Eliz. By the common law ecclesiastical corporations
might let as long leases as they thought proper: the mischief was,
that they let long and unreasonable leases, to the impoverishment of
their successors: the remedy applied by the statute was by making void
all leases by ecclesiastical bodies for longer terms than three lives
or twenty one years. Now in the construction of this statute it is
held, that leases, though for a longer term, if made by a bishop, are
not void during the bishop's life; or, if made by a dean with
concurrence of his chapter, they are not void during the life of the
dean: for the act was made for the benefit and protection of the
successor[f]. The mischief is therefore sufficiently suppressed by
vacating them after the death of the grantor; but the leases, during
their lives, being not within the mischief, are not within the remedy.

[Footnote e: 3 Rep. 7 _b._ Co. Litt. 11 _b._ 42.]

[Footnote f: Co. Litt. 45. 3 Rep. 60.]

2. A STATUTE, wh