Monday, February 1, 2021

Omne majus continet in se minus - Legal Maxim

Omne majus continet in se minus -

The greater contains the less.

It is said that Henry III. sought to avoid Magna Charta, granted by his father King John, and afterwards confirmed by him, Henry III., in the ninth year of his reign, because, as he alleged, John granted it under duress, and that he himself was within age when he confirmed it, and, for which reason it was again confirmed in the twentieth year of his reign and twenty-ninth of his age; but that, nevertheless, in law, the confirmation in the ninth year of Henry III was valid, not withstanding his non-age. For the king, as ting, cannot be said to be a minor: for, when the royal body politic of the king meets with the natural capacity in one person, the whole body shall have one quality of royal body politic, which is the greater and more worthy; and wherein is no minority; for, " Omne majus trahit ad se quod est minus; " and, " Omne majus dignum continet in se minus dignum."

Case Reference - Cadman v. Lubbock, 5 D. & R. 289