Consent and Assent

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Consent and Assent

Post by notmartha »


KJV References

Lēb, Hebrew Strong's Number 3820, is used 593 times in the Old Testament. It is translated most often as heart (508), as well as mind, understanding, wisdom, considered, kindly, and consent. It is translated as “consent” in the following verse:
Psalm 83:4-5
They have said, Come, and let us cut them off from being a nation; that the name of Israel may be no more in remembrance. For they have consulted together with one consent: they are confederate against thee:
Rāṣâ, Hebrew Strong's Number 7521, is used 57 times in the Old Testament. It is translated most frequently as accept, pleased with, approve, and consent. It is translated as “consentedst” in the following verse:
Psalm 50:16-18
But unto the wicked God saith, What hast thou to do to declare my statutes, or that thou shouldest take my covenant in thy mouth? Seeing thou hatest instruction, and castest my words behind thee. When thou sawest a thief, then thou consentedst with him, and hast been partaker with adulterers.
ʾAbâ, Hebrew Strong's Number 14, is used 54 times in the Old Testament. It is translated as
would (42), will (4), willing (4), consent (3) and rest content (1). It is translated as “consent” in the following verses:
Deuteronomy 13:6-9
If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying, Let us go and serve other gods, which thou hast not known, thou, nor thy fathers; Namely, of the gods of the people which are round about you, nigh unto thee, or far off from thee, from the one end of the earth even unto the other end of the earth; Thou shalt not consent unto him, nor hearken unto him; neither shall thine eye pity him, neither shalt thou spare, neither shalt thou conceal him: But thou shalt surely kill him; thine hand shall be first upon him to put him to death, and afterwards the hand of all the people.
1 Kings 20:7-8
Then the king of Israel called all the elders of the land, and said, Mark, I pray you, and see how this man seeketh mischief: for he sent unto me for my wives, and for my children, and for my silver, and for my gold; and I denied him not. And all the elders and all the people said unto him, Hearken not unto him, nor consent.
Proverbs 1:10
My son, if sinners entice thee, consent thou not.
Shekem, Hebrew Strong's Number 7926, is used 22 times in the Old Testament. It is translated as shoulder (17), back (2), consent (2), and portion (1). It is translated as “consent” in the following verses:
Hosea 6:9
And as troops of robbers wait for a man, so the company of priests murder in the way by consent: for they commit lewdness.
Zephaniah 3:9
For then will I turn to the people a pure language, that they may all call upon the name of the LORD, to serve him with one consent.
ʾût, Hebrew Strong's Number 225, is used 4 times in the Old Testament, translated as “consent” in the following verses:
Genesis 34:13-24
And the sons of Jacob answered Shechem and Hamor his father deceitfully, and said, because he had defiled Dinah their sister: And they said unto them, We cannot do this thing, to give our sister to one that is uncircumcised; for that were a reproach unto us: But in this will we consent unto you: If ye will be as we be, that every male of you be circumcised; Then will we give our daughters unto you, and we will take your daughters to us, and we will dwell with you, and we will become one people. But if ye will not hearken unto us, to be circumcised; then will we take our daughter, and we will be gone. And their words pleased Hamor, and Shechem Hamor's son. And the young man deferred not to do the thing, because he had delight in Jacob's daughter: and he was more honourable than all the house of his father. And Hamor and Shechem his son came unto the gate of their city, and communed with the men of their city, saying, These men are peaceable with us; therefore let them dwell in the land, and trade therein; for the land, behold, it is large enough for them; let us take their daughters to us for wives, and let us give them our daughters. Only herein will the men consent unto us for to dwell with us, to be one people, if every male among us be circumcised, as they are circumcised. Shall not their cattle and their substance and every beast of theirs be ours? only let us consent unto them, and they will dwell with us. And unto Hamor and unto Shechem his son hearkened all that went out of the gate of his city; and every male was circumcised, all that went out of the gate of his city.
2 Kings 12:6-8
But it was so, that in the three and twentieth year of king Jehoash the priests had not repaired the breaches of the house. Then king Jehoash called for Jehoiada the priest, and the other priests, and said unto them, Why repair ye not the breaches of the house? now therefore receive no more money of your acquaintance, but deliver it for the breaches of the house. And the priests consented to receive no more money of the people, neither to repair the breaches of the house.
Synkatatithēmi, Greek Strong's Number 4784, is used pnce in the New Testament. It is translate as “consent” in the following verse:
Luke 23:50-51
And, behold, there was a man named Joseph, a counsellor; and he was a good man, and a just:
(The same had not consented to the counsel and deed of them;) he was of Arimathaea, a city of the Jews: who also himself waited for the kingdom of God.
Syneudokeō, Greek Strong's Number 4909, is used 6 times in the New TestamentIt is translated as consent unto (2), be pleased (2), allow (1) and have pleasure in (1). It is translated as “consent” in the following verses:
Acts 8:1
And Saul was consenting unto his [Stephen’s] death. And at that time there was a great persecution against the church which was at Jerusalem; and they were all scattered abroad throughout the regions of Judaea and Samaria, except the apostles.
Acts 22:20
And when the blood of thy martyr Stephen was shed, I also was standing by, and consenting unto his death, and kept the raiment of them that slew him.
Epineuō, Greek Strong's Number 1962, is used once in the New Testament. It is translated as “consent” in the following verse:
Acts 18:20
When they desired him to tarry longer time with them, he consented not;
Symphēmi, Greek Strong's Number 4852, is used once in the New Testament. It is translated as “consent unto” in the following verse:
Romans 7:16
If then I do that which I would not, I consent unto the law that it is good.
Symphōnos, Greek Strong's Number 4859, is used oned in the New Testament. It is translated as “consent” in the following verse:
1 Corinthians 7:5
Defraud ye not one the other, except it be with consent for a time, that ye may give yourselves to fasting and prayer; and come together again, that Satan tempt you not for your incontinency.
Proserchomai, Greek Strong's Number 4334, is used 86 times in the New Testament. It is translated as come (30), come to (25), come unto (19), go to (3), go unto (2), draw near (2) and consent. It is translated as “consent” in the following verse:
1 Timothy 6:3-5
If any man teach otherwise, and consent not to wholesome words, even the words of our Lord Jesus Christ, and to the doctrine which is according to godliness; He is proud, knowing nothing, but doting about questions and strifes of words, whereof cometh envy, strife, railings, evil surmisings, Perverse disputings of men of corrupt minds, and destitute of the truth, supposing that gain is godliness: from such withdraw thyself.
Webster’s Dictionary, 1828
CONSENT, noun [Latin , to be of one mind, to agree; to think, feel or perceive.]
1. Agreement of the mind to what is proposed or state by another; accord; hence, a yielding of the mind or will to that which is proposed; as, a parent gives his consent to the marriage of his daughter. We generally use this word in cases where power, rights, and claims are concerned. We give consent when we yield that which we have a right to withhold; but we do not give consent to a mere opinion, or abstract proposition. In this case, we give our assent. But assent is also used in conceding what we may withhold. We give our assent to the marriage of a daughter. Consequently, assent has a more extensive application than consent but the distinction is not always observed. Consent often amounts to permission.

2. Accord of minds; agreement; unity of opinion.

3. Agreement; coherence; correspondence in parts, qualities, or operation.
Such is the world’s great harmony that springs from union, order, full consent of things.

CONSENT, verb intransitive [Latin See the Noun.]

1. Literally, to think with another. Hence, to agree or accord. More generally, to agree in mind and will; to yield to what one has the power, the right, or the disposition to withhold, or refuse to grant.

2. To agree.

3. To assent.
Bouvier’s Dictionary of Law, 1856
1. An agreement to something proposed, and differs from assent. Consent supposes:
- a physical power to act;
- a moral power of acting;
- a serious, determined, and free use of these powers.

2. Consent is either express or implied. Express, when it is given viva voce, or in writing; Implied, when it is manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption that the consent has been given.

7. 5. Where a power of sale requires that the sale should be with the consent of certain specified individuals, the fact of such consent having been given, ought to be evinced in the manner pointed out by the creator of the power, or such power will not be considered as properly executed.

8. 6. Courts of equity have established the rule, that when the true owner of property stands by, and knowingly suffers a stranger to sell the same as his own, without objection, this will be such implied consent as to render the sale valid against the true owner. And courts of law, unless restrained by technical formalities, act upon the principles of justice; as, for example, when a man permitted, without objection, the sale of his goods under an execution against another person.

9. The consent which is implied in every agreement is excluded,
- By error in the essentials of the contract; ,is, if Paul, in the city of Philadelphia, buy the horse of Peter, which is in Boston, and promise to pay one hundred dollars for him, the horse at the time of the sale, unknown to either party, being dead. This decision is founded on the rule that he who consents through error does not consent at all;
- Consent is excluded by duress of the party making the agreement.
- Consent is never given so as to bind the parties, when it is obtained by fraud.
- It cannot be given by a person who has no understanding, as an idiot, nor by one who, though possessed of understanding, is not in law capable of making a contract, as a feme covert.
Black’s Law Dictionary, 2nd Edition, 1910
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Black’s Law Dictionary, 6th Edition, 1991
Consent –
A concurrence of wills. Voluntarily yielding the will to the proposition of another; acquiescence or compliance therewith. Agreement; approval; permission; the act or result of coming into harmony or accord. Consent is an act of reason, accompanied with deliberation, the mind weighing as in a balance the good or evil on each side. It means voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another. It supposes a physical power to act, a moral power of acting, and a serious, determined, and free use of these powers. Consent is implied in every agreement. It is an act unclouded by fraud, duress, or sometimes even mistake.

Express consent – That directly given, either [orally] or in writing. It is positive, direct, unequivocal consent, requiring no inference or implication to supply its meaning.

Implied consent – That manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption or inference that the consent has been given. An inference arising from a course of conduct or relationship between the parties, in which there is mutual acquiescence or lack of objection under circumstances signifying assent.

WEX Law Dictionary

When a person voluntarily and willfully agrees to undertake an action that another person suggests. The consenting person must possess sufficient mental capacity.

Implied Consent

Consent when surrounding circumstances exist that would lead a reasonable person to believe that this consent had been given, although no direct, express, or explicit words of agreement had been uttered. For example, implied consent to a contract can be inferred when one person has been performing on the contract, and the other person has accepted the first person's performance without objecting or complaining.
Miscellaneous Maxims and Quotes
Consent, not lying together, constitutes marriage.

Consent makes the law. A contract is a law between the parties, which can acquire force only by consent.

Consent removes or obviates a mistake.

Those consenting and those perpetrating are embraced in the same punishment.

He who may consent tacitly, may consent expressly.

What belongs to us cannot be transferred to another without our consent.

No one is obliged to accept a benefit against his consent. But if he does not dissent he will be considered as assenting.

It is better to suffer every wrong or ill, than to consent to it.

One cannot complain of having been deceived when he knew the fact and gave his consent.

He who errs does not consent.

He does not appear to have retained his consent, if he have changed anything through the means of a party threatening.

Cohabitation does not make the marriage, it is the consent of the parties.

Every consent removes error.

Every consent given to what has already been done, has a retrospective effect and equals a command.

He who is silent appears to consent.

What is mine cannot be taken away without my consent.

Compacts are accustomed to be clothed by thing itself, by words, by writing, by consent, by delivery.

He who consents cannot receive an injury.

“All government without the consent of the governed is the very definition of slavery!” Jonathon Swift
Dean Inge said:
If a multitude is to be subjected to a plan, it must be militarized. If individuals are allowed a free choice, the plan is thrown into confusion. Bureaucracy, under an absolute ruler, or rulers, is necessary. Popular consent can be secured only by rigorous censorship and prohibition of free discussion. Espionage is a necessary part of the system, and a considerable amount of terrorism. Since private expenditure must be controlled, it is wise to keep private incomes near a subsistence level and to dole out any surplus on collective pleasures such as free holidays. We shall not understand totalitarian tyranny unless we realize that it is the result of the planned economy.
Thomas Jefferson said:
We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with inherent and inalienable rights; that among these, are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed;
John Locke said:
Men being by nature all free, equal and independent, no one can be put out of his estate and subjected to the political power of another without his own consent which is done by agreeing with other men, to join and unite into a community for their comfortable, safe, and peaceable living in a secure enjoyment of their properties.
Lysander Spooner said:
The only idea they have ever manifested as to what is a government of consent, is this -- that it is one to which everybody must consent, or be shot.
A government that can at pleasure accuse, shoot, and hang men, as traitors, for the one general offence of refusing to surrender themselves and their property unreservedly to its arbitrary will, can practice any and all special and particular oppressions it pleases. The result -- and a natural one -- has been that we have had governments, State and national, devoted to nearly every grade and species of crime that governments have ever practised upon their victims; and these crimes have culminated in a war that has cost a million of lives; a war carried on, upon one side, for chattel slavery, and on the other for political slavery; upon neither for liberty, justice, or truth. And these crimes have been committed, and this war waged, by men, and the descendants of men, who, less than a hundred years ago, said that all men were equal, and could owe neither service to individuals, nor allegiance to governments, except with their own consent.
In truth, in the case of individuals, their actual voting is not to be taken as proof of consent, even for the time being. On the contrary, it is to be considered that, without his consent having ever been asked, a man finds himself environed by a government that he cannot resist; a government that forces him to pay money, render service, and forego the exercise of many of his natural rights, under peril of weighty punishments. He sees, too, that other men practise this tyranny over him by the use of the ballot. He sees further that, if he will but use the ballot himself, he has some chance of relieving himself from this tyranny of others, by subjecting them to his own. In short, he finds himself, without his consent, so situated that, if he use the ballot, he may become a master; if he does not use it, he must become a slave. And he has no other alternative than these two. In self-defence, he attempts the former. His case is analogous to that of a man who has been forced into battle, where he must either kill others, or be killed himself. Because, to save his own life in battle, a man attempts to take the lives of his opponents, it is not to be inferred that the battle is one of his own choosing. Neither in contests with the ballot -- which is a mere substitute for a bullet -- because, as his only chance of self-preservation, a man uses a ballot, is it to be inferred that the contest is one into which he voluntarily entered; that he voluntarily set up all his own natural rights, as a stake against those of others, to be lost or won by the mere power of numbers. On the contrary, it is to be considered that, in an exigency, into which he had been forced by others, and in which no other means of self-defence offered, he, as a matter of necessity, used the only one that was left to him.
No attempt or pretence, that was ever carried into practical operation amongst civilized men -- unless possibly the pretence of a “Divine Right,” on the part of some, to govern and enslave others -- embodied so much of shameless absurdity, falsehood, impudence, robbery, usurpation, tyranny, and villany of every kind, as the attempt or pretence of establishing a government by consent, and getting the actual consent of only so many as may be necessary to keep the rest in subjection by force. Such a government is a mere conspiracy of the strong against the weak. It no more rests on consent than does the worst government on earth.
For a state is a collective body, composed of a multitude of individuals, united for their safety and convenience, and intending to act together as one man. If it therefore is to act as one man, it ought to act by one uniform will. But, inasmuch as political communities are made up of many natural persons, each of whom has his particular will and inclination, these several wills cannot by any natural union be joined together, or tempered and disposed into a lasting harmony, so as to constitute and produce that one uniform will of the whole. It can therefore be no otherwise produced than by a political union; by the consent of all persons to submit their own private wills to the will of one man, or of one or more assemblies of men, to whom the supreme authority is intrusted: and this will of that one man, or assemblage of men
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Post by notmartha »


KJV References

Peh, Hebrew Strong's Number 6310, is used 498 times in the Old Testament. It is most often translated as mouth (340), commandment (37), edge (35), according (22), and word (15). It is translated as “assent” once, in the following verse:
2 Chronicles 18:12
And the messenger that went to call Micaiah spake to him, saying, Behold, the words of the prophets declare good to the king with one assent; let thy word therefore, I pray thee, be like one of theirs, and speak thou good.
Syntithēmi, Greek Strong's Number 4934, is used 4 times in the New Testament. It is translated as agree (2), covenant (1), and assent (1). It is translated as “assent” in the follow verse:
Acts 24:9
And the Jews also assented, saying that these things were so.
The unanimous Declaration, 1776
He [King of England] has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing
Judiciary powers.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and
unacknowledged by our laws; giving his Assent to their acts of pretended Legislation:
Webster’s Dictionary, 1828
ASSENT', noun [Latin assensus, from assentior, to assent of ad and sentio, to thing.]
1. The act of the mind in admitting, or agreeing to, the truth of a proposition.
Faith is the assent to any proposition, on the credit of the proposer.

2. Consent; agreement to a proposal, respecting some right or interest; as, the bill before the house has the assent of a great majority of the members.
The distinction between assent and consent seems to be this: assent is the agreement to an abstract proposition. We assent to a statement, but we do not consent to it. Consent is an agreement to some proposal or measure which affects the rights or interest of the consenter. We consent to a proposal of marriage. This distinction however is not always observed.

3. Accord; agreement. 2 Chronicles 18:12.

ASSENT', verb intransitive To admit as true; to agree, yield or concede, or rather to express an agreement of the mind to what is alleged, or proposed.
The Jews also assented, saying these things are so. Acts 24:9.
It is sometimes used for consent, or an agreement to something affecting the rights or interest of the person assenting. But to assent to the marriage of a daughter is less correct than to consent.
Bouvier’s Dictionary of Law, 1856
ASSENT, contracts.
1. An agreement to something that has been done before.

2. It is either express, where it is openly declared; or implied, where it is presumed by law. For instance, when a conveyance is made to a man, his assent to it is presumed, for the following reasons:
- Because there is a strong intendment of law, that it is for a person's benefit to take, and no man can be supposed to be unwilling to do that which is for his advantage.
- Because it would seem incongruous and absurd, that when a conveyance is completely executed on the part of the grantor, the estate should continue in him.
- Because it is contrary to the policy of law to permit the freehold to remain in suspense and uncertainty.

3. When a devise draws after it no charge or risk of loss, and is, therefore, a mere bounty, the assent of the devisee to, take it will be presumed. A dissent properly expressed would prevent the title from passing from the grantor unto the grantee. The rule requiring an express dissent, does not apply, however, when the grantee is bound to pay a consideration for the thing granted.

4. When an offer to do a thing has been made, it is not binding on the party making it, until the assent of the other party has been given and such assent must be to the same subject matter, in the same sense. When such assent is given, before the offer is withdrawn, the contract is complete.

5. In general, when an assignment is made to one for the benefit of creditors the assent of the assignees will be presumed.
Black’s Law Dictionary, 1st Edition, 1891:
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Wex Law Dictionary
Mutual Assent

Agreement by both parties to a contract. Mutual assent must be proven objectively, and is often established by showing an offer and acceptance (e.g., an offer to do X in exchange for Y, followed by an acceptance of that offer).

Meeting of the Minds

Actual assent by both parties to the formation of a contract including agreement on the same terms, conditions, and subject matter. Although a meeting of the minds was required under the traditional subjective theory of assent, modern contract doctrine requires only objective manifestations of assent.
Miscellaneous Maxims

No one is obliged to accept a benefit against his consent. But if he does not dissent, he will be considered as assenting.

It is immaterial whether a man gives his assent by words or by acts and deeds.

He, who does not forbid what he can forbid, seems to assent.

Written obligations are dissolved by writing, and obligations of naked assent by similar naked assent.
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Re: Consent and Assent

Post by notmartha »

"Consent: Implied and Express" by Randy Lee

Due to the positive response from many Patrons of 'The News' during the past five months concerning the series of articles on 'Exercising Your Right of Avoidance' and their requests for further information on that subject, the following is offered.

One of the major stumbling blocks in the pursuit of 'Exercising Your Right of Avoidance' is a legal phenomenon known in man's law as 'consent.' It manifests itself in two forms--Implied and Express. Consent transforms itself into major minimum contacts that are not easily overcome, due to the doctrine of estoppel. Therefore, it is important to know what constitutes consent in whatever form, and how to avoid giving consent to 'the beast,' in order to maintain your Christian status, and thereby, your Christian Liberty. It is my hope that all that read and study the following will take pause before they say "yes" to someone or something, or in doing a particular act, knowing then the implications of giving 'consent.'

The word 'consent' is derived from the Latin words 'con,' meaning 'with, together,' and 'sentire,' meaning 'to feel, think, judge, etc.'

Consensus facit legem. Consent makes the law. Maxim, Bouvier's Law Dictionary (1859) Vol. II, p. 125.

Consent: "An agreement to something proposed. Consent supposes, 1. a physical power to act; 2. a moral power of acting; 3. a serious, determined, and free use of these powers. Fonb. Eq. B. 1, c.2, s.1.

"The one who gives consent must be capable of doing so." 1 Whar. Cr. L. 146.

Are you capable of giving consent to the ungodly? Did Christ give you the capacity to give such consent? The question you must ask yourself before giving consent to anyone is, "Has the will of my Father given me permission to do so?"

"My son, if sinners entice thee, consent thou not." Proverbs 1:10

"And be not conformed to this world: but be ye transformed by the renewing of your mind, that ye may prove what is that good, and acceptable, and perfect, will of God. Romans 12:2

All the disciples and followers of the Our Lord must be nonconformists to this world. We must not conform to the men of the world, of that world which lies in wickedness, not walk according to the course of this world. Eph. 2:2; If sinners entice us, we must not consent to them, but in our places witness against them.

Consent: "A concurrence of wills. Voluntarily yielding the will to the proposition of another; acquiescence, permission or compliance therewith. State v. Boggs, 181 Iowa 358, 164 N. W. 759.

When consenting to anything, that consent must concur with the will of God.

Consent: Agreement; the act or result of coming into harmony or accord. Glantz v. Gabel, 66 Mont. 134, 212 P. 858, 860. 'Consent' is sometimes synonymous merely with 'waiver.' Dahlquist v. Denver & R. G. R. Co., 52 Utah 438, 174 P. 833, 844

"While consent is said to be a concurrence of wills, it does not necessarily refer to or indicate a bilateral agreement; it may be unilateral." Twin Ports Oil Co. v. Pure Oil Co., D.C.Minn., 26 F.Supp. 366, 371.

"The term 'consent' generally implies a yielding of that which one has a right to withhold." Reynolds v. Baker, 191 S.W. 2d 959, 961, 209 Ark. 596.

Man's law acknowledges your Christian right to withhold consent from them. Therefore, always remember that when it appears 'you must' comply to something, it probably means 'you may.'

Implied Consent: "That which is manifested by signs, actions, or facts, or by inaction or silence, from which arises an inference or presumption that the consent has been given." Avery v. State 12 Ga.App. 562, 77 S.E. 892.

"Implied consent allows for consent to be implied from custom, usage or conduct. For example, a doorbell on the front of a residence is an invitation to enter another's property for purposes of calling the occupant to come to the door and speak to you. However, consent cannot be implied when the property owner or occupant has outwardly evidenced an intent that consent is not given, such as a "do not trespass" or "keep out" sign. Implied consent is limited to accomplishing the purpose for which consent was given." Opinion by the law firm of Bauckham, Sparks, Rolfe & Thomsen for The Michigan Township Association (1997).

Invito beneficium non datur. No one is obliged to accept a benefit against his consent. Maxim, Dig. 50, 17, 69. But if he does not dissent he will be considered as assenting. Bouv.

Benefits, privileges, and opportunities. Yes, the BPO's of the beast, i. e., the bribes from the government temple, as the candy to the kid, and the apple to the teacher. Accepting the bribe is consenting to the evils of that temple.

Implied Consent: "Implied consent exists where a person by his line of conduct has shown a disposition to permit another person to do a certain thing without raising objection thereto." Vick v. Zumwalt, 273 P.2d 1010, 1013, 130 Colo. 148.

Qui tacet consentire videtur. He who is silent appears to consent. Jenk. Cent. 32.

The purpose of the Non-Statutory Abatement is to avoid that silence. With Law. But, if you've been accepting the bribes from the temple, you have already given consent. It is then too late for an abatement, due to acquiescence.

You of course have the right of repentance, therefore you must cease that previous activity, repent, and thereafter exercise Your Right of Avoidance.

Omnis consensus tollit errorem. Every consent removes error. 2 Inst. 123.

Consensus tollit errorem. Consent removes or obviates a mistake. Maxim of Law, Co. Litt. 126.

Volunti non fit injuria. He who consents cannot receive an injury. 2 Bouv. Inst. n. 2279, 2327; 4 T. R. 657; Shelf. on mar. & Div. 449.

How many times have you heard the phrase, "They just rolled over me." The reason they rolled over you is because you had already given them consent to do so. According to the maxims of law, once you give consent there is no error, mistake or injury on their part. But:

Consentientes et agentes pari poenâ plectentur. Those consenting and those perpetrating are embraced in the same punishment. 5 Co. 80.

Avoid the punishment:

"Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour:

Whom resist stedfast in the faith, knowing that the same afflictions are accomplished in your brethren that are in the world.

But the God of all grace, who hath called us unto His eternal glory by Christ Jesus, after that ye have suffered a while, make you perfect, stablish, strengthen, settle you.

To Him be glory and dominion for ever and ever. Amen." 1 Peter 5:8-11

Id quod nostrum est, sine facto nostro ad alium transferi non potest. What belongs to us cannot be transferred to another without our consent. Maxim, Dig. 50, 17, 11. But this must be understood with this qualification, that the government may take property for public use, paying the owner its value. The title to property may also be acquired, with the consent of the owner, by a judgment of a competent tribunal. Bv.

Voluntarily appearing in court and submitting to that court's judgment, or your silence, is the consent given.

Express Consent: "That which is directly given, either viva voce or in writing." Black's L.D. 3rd Ed., p. 402.

It is direct, positive, unequivocal consent, requiring no inference or implication." Pac. Nat. Agri. Credit Corp. v. Hagerman, 55 P.2d 667.

Ejus est non nolle, qui potest velle. He who may consent tacitly, may consent expressly. Maxim, Dig. 50, 17, 8.

Melius est omnia mala pati quam malo concentire. It is better to suffer every wrong or ill, than to consent to it. 3 Co. Inst. 23.

Melius est recurrere quam malo currere. It is better to recede than to proceed in evil. 4 Inst. 176.

"Ye shall know them by their fruits. Do men gather grapes of thorns, or figs of thistles?

Even so every good tree bringeth forth good fruit; but a corrupt tree bringeth forth evil fruit.

A good tree cannot bring forth evil fruit, neither can a corrupt tree bring forth good fruit.

Every tree that bringeth not forth good fruit is hewn down, and cast into the fire.

Wherefore by their fruits ye shall know them." Matt 7:16-20

Implied Consent: "Consent is implied in every agreement. It is an act unclouded by fraud, duress, or sometimes even mistake." Heine v. Wright, 76 Cal. App. 338, 244 P. 955, 956.

Before you agree to anything with anybody, always ask yourself who you are becoming yoked with. For:

"Be ye not unequally yoked together with unbelievers: for what fellowship hath righteousness with unrighteousness? and what communion hath light with darkness?

And what concord hath Christ with Belial? or what part hath he that believeth with an infidel?

And what agreement [*consent] hath the temple of God with idols? for ye are the temple of the living God; as God hath said, I will dwell in them, and walk in them; and I will be their God, and they shall be my people.

Wherefore come out from among them, and be ye separate, saith the Lord, and touch not the unclean thing; and I will receive you,

And will be a Father unto you, and ye shall be my sons and daughters, saith the Lord Almighty. 2 Cor 6:14-18 [*Insertion added.]

Nemo videtur fraudare eos qui sciunt, et consentiunt. One cannot complain of having been deceived when he knew the fact and gave his consent. Dig. 50, 17, 145.
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