Words & Meanings

Relative words refer to the nearest antecedent, unless it be prevented by the context.

Ad proximum antecedens fiat relatio, nisi impediatur sententia.

Source: Jenk. Cent. 180; Noy, Max. 4; Wing. Max. 19; Broom, Max. 606; Weisman, 104c; Weisman, 104e

When construing a document, relative and qualifying words attach to the nearest preceding antecedent unless the broader context plainly requires a different reference. (Duplicate maxim — see also 8.8.2.)

The meaning of the words is the spirit of the law.

Sensus verborum est anima legis.

Source: 5 Co. 2; Weisman, 104s

The spirit of a law is found in its words rightly understood — not in some abstract purpose divorced from the text.

Words are always to be received in their milder sense.

Verba semper accipienda sunt in mitiori sensu.

Source: 4 Co. 13; Broom, Max. 576

When a word carries both a harsh and a mild meaning, the mild meaning is preferred; the law does not strain toward severity.

Words are indicators of the mind.

Verba sunt indices animi.

Source: Bacon, Max.; Co. Litt. 68; Weisman, 104h

Words are the outward signs of inward intent; they are the primary — though not the exclusive — evidence of what a party meant.

Words ought to be understood with effect, so that the thing may be preserved rather than destroyed.

Verba debent intelligi cum effectu, ut res magis valeat quam pereat.

Source: 6 Co. 62; Bacon, Max. reg. 3; Plowd. 156; 2 Bl. Comm. 380

No word in an instrument is to be treated as surplusage if any meaning can reasonably be given to it; every term must be read to produce some effect.

The words of instruments are taken most strongly against him who uses them.

Verba chartarum fortius accipiuntur contra proferentem.

Source: Co. Litt. 36a; Broom, Max. 594, 599; Bacon, Max. reg. 3; Dig. 45, 1, 38, 18; Weisman, 104r

He who chose the words bears the burden of their ambiguity; the drafter of a deed, contract, or statute cannot profit from the obscurity of his own language.