Benigne

Lat. [from benignus, q. v.] Liberally, favorably, benignly. Benignae faciendae sunt interpretationes, propter simplicitatem laicorum, ut res magis valeat quam pereat. Constructions [of written instruments] are to be made liberally, on account of the simplicity of the laity, [or common people,] in order that the thing [or subject matter] may rather have effect than perish, [or become void.] Co. Litt. 36 a.

Broom's Max. 237.

This celebrated maxim, one of the oldest in the law, and still frequently quoted, is taken by Lord Coke from Bracton, or rather, made up of portions of the text of that author. Bracton's own words are, (fol. 95 b, closing a sentence,) Benigna enim faciendae sunt interpretationes, ut res magis valeat quam pereat. The words "propter simplicitatem laicorum" are taken from the preceding sentence, and the preceding clause of the same sentence, in which he observes that grants of advowsons by laymen would not be invalidated on account of the incorrect language of the instrument, (propter incongruam dictionem donationis,) but would be established by a benign interpretation, propter simplicitatem laicorum. The antiquity of the rule appears from his remark in the same sentence, — et sic fit interpretatio ab antiquis. Id. fol.

95 a, b.