intended. But the
intention of the framer of the document must be proved by the man who
defends himself, by reference to that intention, to have always the
same object in view and the same meaning; and it must also, either
by reference to the action or to some result, be adapted to the time
which the inquiry concerns. It must be proved always to have the same
object in view, in this way:--"The head of a house, at a time when he
had no children, but had a wife, inserted this clause in his will: 'If
I have a son or sons born to me, he or they is or are to be my heir
or heirs.' Then follow the ordinary provisions. After that comes the
following clause: 'If my son dies before he comes into the property,
which is held in trust for him, then,' says the clause, 'you shall be
my reversionary heir.' He never has a son. His next of kin raise a
dispute with the man who is named as the heir, in the case of the
testator's son dying before he comes into the property which his
guardians are holding for him." In this case it cannot be said that
the meaning of the testator ought to be made to suit the time or some
particular result, because that intention alone is proved on which the
man who is arguing against the language of the will relies, in order
to defend his own right to the inheritance.

There is another class of topics which introduce the question as to
the meaning of expressions, in which the mere simple intention of the
framer is not endeavoured to be proved, for that has the same weight
with reference to every period and every action; but it is argued that
it ought to be interpreted with reference to some particular action,
or to some event happening at that particular time. And that is
especially supported by the divisions of the juridical assumptive mode
of investigation. For then the comparison is instituted; as in the
case of "a man who, though the law forbad the gates to be opened
by night, did open them in a certain war, and admitted some
reinforcements into the town, in order to prevent their being
overwhelmed by the enemy if they remained outside the gates; because
the enemy were encamped close to the walls." Then comes the retorting
of the charge; as in the case of "that soldier who, when the common
law of all men forbad any one to kill a man, slew his own military
tribune who was attempting to offer violence to him." Then comes
the exculpation; as in the case of "that man who, when the law had
appointed some parti