et conſequentibus fit optima interpretatio[1]." And therefore that every part of it, be (if poſſible) made to take effect; and no word but what may operate in ſome ſhape or other[2]. "Nam verba debent intelligi cum effectu, ut res magis valeat quem pereat[3]."
4. That the deed be taken moſt ſtrongly agalnſt him that is the agent or contractor, and in favour of the other party. "Verba fortius accipiuntur contra proferentem." For the principle of ſelf-preſervation will make men ſufficiently careful, not to prejudice their own intereſt by the too extenſive meaning of their words: and hereby all manner of deceit in any grant is avoided; for men would always affect ambiguous and intricate expreſſions, provided they were afterwards at liberty to put their own conſtruction upon them. But here a diſtinction muſt be taken between an indenture and a deed poll: for the words of an indenture, executed by both parties, are to be conſidered as the words of them both; for, though delivered as the words of one party, yet they are not his words only, but the other party hath given his conſent to every one of them. But in a deed poll, executed only by the grantor, they are the words of the grantor only, and ſhall be taken moſt ſtrongly againſt him[4]. However, this, being a rule of ſome ſtrictneſs and rigor, is the laſt to be reſorted to, and is never to be relied upon, but where all other rules of expoſition fail[5].
5. That, if the words will bear two ſenſes, one agreeable to, and another againſt law; that ſenſe be preferred, which is moſt agreeable thereto[6]. As if tenant in tail lets a leaſe for life generally, it ſhall be conſtrued for his own life only, for that ſtands with the law; and not for the life of the leſſe, which is beyond his power to grant.
