Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
STATUTES also are either _declaratory_ of the common law, or
_remedial_ of some defects therein. Declaratory, where the old custom
of the kingdom is almost fallen into disuse, or become disputable; in
which case the parliament has thought proper, _in perpetuum rei
testimonium_, and for avoiding all doubts and difficulties, to declare
what the common law is and ever hath been. Thus the statute of
treasons, 25 Edw. III. cap. 2. doth not make any new species of
treasons; but only, for the benefit of the subject, declares and
enumerates those several kinds of offence, which before were treason
at the common law. Remedial statutes are those which are made to
supply such defects, and abridge such superfluities, in the common
law, as arise either from the general imperfection of all human laws,
from change of time and circumstances, from the mistakes and unadvised
determinations 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.
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