(579) The old Scotch form of the Sax. were. Skene ad Reg. Maj. lib. 3, с. 19. Spelman. (580) This maxim seems to have been purposely given by Lord Bacon in its most general terms; and is so quoted by Blackstone. 2 Bl. Com. 280. Lord Coke confines it to written instruments, or charters, and the the most worthy and notorious feast. Year Book, 20 Hen. VI. 17. So if mention be made of "J. S." generally, it shall be intended of the father, or of the eldest son, for they are the most worthy. Year Book, 37 Hen. VI. 29 b. 21 Hen. VI. 8, maxim is generally quoted after him, Verba 13 Hen. IV. 4 b. So where "any court of the queen, of record," is spoken of, it shall be intended "one of the four eminent and excellent courts at Westminster." 6 Co. 19 b. Verba aliquid operari debent. Words ought to work or operate somewhat; words ought to have some operation or effect.* "Words are so to be understood that they work somewhat, and be not idle and frivolous." Bacon's Max. 18, in reg. 3. See Verba cum effectu, &c. Mr. Duer refers to Rutherford, (vol. 2, 312,) as furnishing an admirable illustration of this rule, in its application to a supposed bequest. A testator devises all his plate, with the exception of 1,000 ounces, to his eldest son, and directs him, within a certain time after his decease, to deliver the 1,000 ounces to his younger son, of such sort, and in such pieces as he pleases. The words "as he pleases," may be referred to either son; but apply them to the elder and they are useless, since without them he would have all the discretion they purport to give; but apply them to the younger, and they are rendered effectual, by conferring on him a valuable privilege that otherwise he could not have claimed. 1 Duer on Ins. 216. Verba fortius accipiuntur contra proferentem. Words are to be taken most strongly against him who uses them. Bacon's Max. 11, reg. 3. "This rule," observes Lord Bacon, "that a man's deeds and his words shall be taken strongliest against himself, though it be one of the most common chartarum fortius accipiuntur contra proferentem. The words of charters [deeds or written instruments,] are taken most strongly against him who uses them. Co. Litt. 36 a. 13 East, 80. Broom's Max. 254, [456.] It is applied in the construction of pleadings, as well as of conveyances and contracts. Id. 254-258, [461-464.] Being, however, a rule of some strictness and rigor, it is, according to Bacon, "the last to be resorted to, and is never to be relied upon but where all other rules of exposition of words fail; and if any other come in place, this giveth place." Bac. Max. 16. 2 Bl. Com. 380. See 1 Duer on Ins. 210, 211. Verba cum effectu sunt accipienda. Words are to be taken with effect, or so as to have effect. Bacon's Max. 18, in reg. 3. This maxim is derived from the civil law. Calv. Lex. See Verba aliquid operari debent. Verba debent intelligi ut aliquid operentur. Words ought to be understood so as to have some operation. 8 Co. 94 a, Edward Fox's case. Verba dicta de persona intelligi debent de conditione persona. Words spoken of a person are to be understood of the condition of the person. 2 Roll. R. 72. Verba generalia generaliter sunt intelligenda. General words are to be understood generally. 3 Inst. 76. That which is generally spoken shall be generally understood, unless qualified by some special subsequent words. Shep. Touch. 88. Co. grounds of the law, is, notwithstanding, a Litt. 42 a. But see the following maxim. rule drawn out of the depth of reason; Verba generalia restringuntur ad habilitafor first, it is a schoolmaster of wisdom and tem rei vel persona. General words are diligence in making men watchful in their to be restricted to the capacity of the thing own business; next, it is author of much or person, [of which they are spoken.] quiet and certainty, and that in two sorts: first, because it favoureth acts and conveyances executed, taking them still beneficially for the grantees and possessors; and secondly, because it makes an end of many questions and doubts about construction of words; for if the labour were only to pick out the intention of the parties, every judge would have a several sense, whereas this rule doth give them a sway to take the law more certainly one way." Id. ibid. "All words, whether they be in deeds or statutes, or otherwise, if they be general and not express and precise, shall be restrained to the fitness of the matter or person. As if I grant common in omnibus terris meis [in all my lands] in D. and I have in D. both open grounds, and several, [enclosed,] it shall not be stretched to common in my several, much less in my gardens and orchards. Perk. pl. 103. So, if I grant to a man omnes arbores meas cres- (581) centes super terras meas in D. [all my trees growing upon my lands in D.] he shall not have apple trees or other fruit trees growing in my gardens or orchards, if there be any other trees upon my ground. 14 Hen. (582) ment. A maxim of the civilians. Calv. Lex. Spiegelius. Verba posteriora propter certitudinem addita, ad priora quæ certitudine indigent, sunt referenda. Subsequent words, added for the purpose of certainty, are to be referred to the preceding words which require the certainty. Wingate's Max. 167, max. 53. Broom's Max. 253, [449.] Verba strictæ significationis ad latam extendi possunt, si subsit ratio. Words of a strict or narrow signification may be extended to a broad meaning, if there be ground in reason for it. A maxim of the civilians. Calv. Lex. Spiegelius. Prateus. Verba sunt indices animi. Words are the indices or indicators of the mind or thought; words are the exponents of intention. Latch, 106. See Index animi sermo. Verba pro re et subjecta materia accipi debent. Words ought to be understood in favor of the thing and subject matter. A maxim of the civilians. Calv. Lex. Baldus. Prateus. Verba quantumvis generalia, ad aptitudicery. Fleta, lib. 4, c. 10, § 3. VERBA CANCELLARIÆ. L. Lat. Words of the chancery. The technical style of writs framed in the office of channem restringuntur, etiamsi nullam aliam pa- (583) Manwood, part 1, p. 332. His office is properly to look to the vert, and see it well maintained. Cromp. Jur. 165. Cowell. The verderors sit in the courts of attachments and swein-mote. 3 Bl. Com. 71, 72. (584) tem dicere, to say the truth, and mendacium eant in veredicto suo; it shall be immedidicere, to say a falsehood, according to the ately said to them, that to every article, case. Bract. fol. 185 b. Veredictum, in separately and by itself, they shall make a other words, was never applied to a false finding; a false verdict was no verdict at all. The great rule, in fine, applied by Bracton to a juror's oath was: Veritas habenda est in juratore, justitia et judicium in judice. Id. 186 b. Dictum, it may be further observed, is frequently used by the writer last named, as the equivalent of veredictum. Cum autem, post sacramentum suum, dixerint veredictum suum, sive pro una parte sive pro alia, secundum eorum dictum proferetur judicium. Bract. fol. 185 b. The finding of the jury was also sometimes termed judicium, (a judgment;) though as a general rule, judgment was the province of the court. See Id. fol. 186 b. sufficient, distinct, and open answer in their verdict. Bract. fol. 116. Fleta, lib. 4, c. 9. Id. lib. 5, c. 12. See Verdict.