Consent: Difference between revisions

Revision as of 08:53, 22 October 2016

Consent is permission for something to happen or agreement to do something.

Participation and acceptance are forms of agreement and produces assent.

10 "My son, if sinners entice thee, consent thou not. If they say, Come with us, let us lay wait for blood, let us lurk privily for the innocent without cause:"

The call for consent may come as an enticement filled with promises of liberty from want as we see in Peter's warning^[1] that we will be made merchandise through our covetousness. Those "feigned "^[2] words are carefully molded to entice and distract us to consent to that which can only be called a damnable heresy promising us liberty but bringing the people into bondage.^[3]

Cain did it. Nimrod did it. And the voice of the people did it to themselves.

"Be not thou [one] of them that strike hands, [or] of them that are sureties for debts." Proverbs 22:26

Throughout history the pig returns to The mire. We may desire to deny our point of consent but the warning is that we will be made merchandise and entangled in the yoke of bondage and God will not hear us in that day when we Cry out.

The laws of nature are unchangeable.

Jura naturae sunt immutabilia.

We become arrogant and proud about ourselves and our ideas about the meaning of Religion and assume we are saved. But Jesus died that we "might be saved". Have we repented?

When we became proud about what we thought was Pure Religion and neglected the daily ministration we accepted the promises of men who offered gifts at the expense of our neighbor.

Proverbs 1:12 talks about swallowing them up alive as the grave; and whole, as those that go down into the pit:the innocent as if they were dead and obtaining their substance for our own houses. when we and our parents before us should have not consented. ^[4]

We as a people were caught in the net of our own making by casting in our lot to obtain the security of One purse which was evil.^[5]

But if we will hear the wisdom of God and turn around there may be hope again^[6]

This talk about having one purse is the idea of Socialism which creeps in to our thinking from public schools to Social Security. It warns us not to go in that way of the greedy who take away the life of others.

Psalms 83:5 For they have consulted together with one consent: they are confederate against thee:

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.

We have been biting one another for more than a generation and it is a time to repent.

“If I were to remain silent, I'd be guilty of complicity.” Albert Einstein

Consent maxims of law

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

Consensus facit legem.

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

Consentientes et agentes pari poen plectentur. 5 Co. 80.

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

"Consent makes the law: the terms of a contract, lawful in its purpose, constitute the law as between the parties."

He who is silent appears to consent. Jenk. Cent. 32.

Qui tacet consentire videtur.

He who may consent tacitly, may consent expressly.

Ejus est non nolle, qui potest velle. Dig. 50, 17, 8.

Consent removes or obviates a mistake. Co. Litt. 126.

Consensus tollit errorem.

Fraud maxims of law

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

Nemo videtur fraudare eos qui sciunt, et consentiunt. Dig. 50, 17, 145.

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

Omnis ratihabitio retro trahitur et mandato aequiparatur. Co. Litt. 207.

Benefit maxims of law

No one is obliged to accept a benefit against his consent.

Invito beneficium non datur. Dig. 50, 17, 69.

But if he does not dissent he will be considered as assenting. Vide Assent.
It is immaterial whether a man gives his assent by words or by acts and deeds.

Non refert an quis assensum suum praefert verbis, an rebus ipsis et factis. 10 Co. 52.

He who receives the benefit should also bear the disadvantage.

Cujus est commodum ejus debet esse incommodum.

He who derives a benefit from a thing, ought to feel the disadvantages attending it.

Que sentit commodum, sentire debet et onus. 2 Bouv. Inst. n. 1433.

· He who enjoys the benefit, ought also to bear the burden.

A man may relinquish, for himself and his heirs, a right which was introduced for his own benefit.

Potest quis renunciare pro se, et suis, juri quod pro se introductum est. See 1 Bouv. Inst. n. 83.

One who avails himself of the benefits conferred by statute cannot deny its validity.

What I approve I do not reject. I cannot approve and reject at the same time. I cannot take the benefit of an instrument, and at the same time repudiate it.

Assent maxims of law

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

Qui non prohibit quod prohibere potest assentire videtur. 2 Inst. 305.

"The essence of a contract being assent, there is no contract where assent is wanting."

He who is silent appears to consent. Jenk. Cent. 32.

Qui tacet consentire videtur.

Contract maxims of law

In every contract, whether nominate or innominate, there is implied a consideration.

In omnibus contractibus, sive nominatis sive innominatis, permutatio continetur.

No actions arises on a naked contract without a consideration.

Ex nudo pacto non oritur action. See Nudum Pactum.

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

Re, verbis, scripto, consensu, traditione, junctura vestes, sumere pacta solent. Plow. 161.

He who contracts, knows, or ought to know, the quality of the person with whom he contracts, otherwise he is not excusable.

Qui cum alio contrahit, vel est, vel debet esse non ignarus conditio ejus. Dig. 50, 17, 19; 2 Hagg. Consist. Rep. 61.

The agreement of the parties makes the law of the contract.

Contractus legem ex conventione accipiunt. Dig. 16, 3, 1, 6.

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

Consensus facit legem. Consent makes the law.

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== Footnotes ==

↑ 2 Peter 2:3 ¶ And through covetousness shall they with feigned words make merchandise of you: whose judgment now of a long time lingereth not, and their damnation slumbereth not.
↑ 4112 ~πλαστός~ plastos \@plas-tos’\@ from 4111; TDNT-6:262,862; adj AV-feigned 1; 1 1) moulded, formed, as from clay, wax, or stone 2) feigned
↑ 2 Peter 2:19 While they promise them liberty, they themselves are the servants of corruption: for of whom a man is overcome, of the same is he brought in bondage.
↑ Proverbs 1:10 ¶ My son, if sinners entice thee, consent thou not.
↑ Proverbs 1:14 Cast in thy lot among us; let us all have one purse: 15 My son, walk not thou in the way with them; refrain thy foot from their path: 16 For their feet run to evil, and make haste to shed blood. 17 Surely in vain the net is spread in the sight of any bird. 18 And they lay wait for their own blood; they lurk privily for their own lives. 19 So are the ways of every one that is greedy of gain; which taketh away the life of the owners thereof.
↑ Proverbs 1:20 ¶ Wisdom crieth without; she uttereth her voice in the streets: 21 She crieth in the chief place of concourse, in the openings of the gates: in the city she uttereth her words, saying, 22 How long, ye simple ones, will ye love simplicity? and the scorners delight in their scorning, and fools hate knowledge? 23 Turn you at my reproof: behold, I will pour out my spirit unto you, I will make known my words unto you. 24 Because I have called, and ye refused; I have stretched out my hand, and no man regarded; 25 But ye have set at nought all my counsel, and would none of my reproof: 26 I also will laugh at your calamity; I will mock when your fear cometh; 27 When your fear cometh as desolation, and your destruction cometh as a whirlwind; when distress and anguish cometh upon you. 28 Then shall they call upon me, but I will not answer; they shall seek me early, but they shall not find me: 29 For that they hated knowledge, and did not choose the fear of the LORD: 30 They would none of my counsel: they despised all my reproof. 31 Therefore shall they eat of the fruit of their own way, and be filled with their own devices. 32 For the turning away of the simple shall slay them, and the prosperity of fools shall destroy them. 33 But whoso hearkeneth unto me shall dwell safely, and shall be quiet from fear of evil.

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[1] 2 Peter 2:3 ¶ And through covetousness shall they with feigned words make merchandise of you: whose judgment now of a long time lingereth not, and their damnation slumbereth not.

[2] 4112 ~πλαστός~ plastos \@plas-tos’\@ from 4111; TDNT-6:262,862; adj AV-feigned 1; 1 1) moulded, formed, as from clay, wax, or stone 2) feigned

[3] 2 Peter 2:19 While they promise them liberty, they themselves are the servants of corruption: for of whom a man is overcome, of the same is he brought in bondage.

[4] Proverbs 1:10 ¶ My son, if sinners entice thee, consent thou not.

[5] Proverbs 1:14 Cast in thy lot among us; let us all have one purse: 15 My son, walk not thou in the way with them; refrain thy foot from their path: 16 For their feet run to evil, and make haste to shed blood. 17 Surely in vain the net is spread in the sight of any bird. 18 And they lay wait for their own blood; they lurk privily for their own lives. 19 So are the ways of every one that is greedy of gain; which taketh away the life of the owners thereof.

[6] Proverbs 1:20 ¶ Wisdom crieth without; she uttereth her voice in the streets: 21 She crieth in the chief place of concourse, in the openings of the gates: in the city she uttereth her words, saying, 22 How long, ye simple ones, will ye love simplicity? and the scorners delight in their scorning, and fools hate knowledge? 23 Turn you at my reproof: behold, I will pour out my spirit unto you, I will make known my words unto you. 24 Because I have called, and ye refused; I have stretched out my hand, and no man regarded; 25 But ye have set at nought all my counsel, and would none of my reproof: 26 I also will laugh at your calamity; I will mock when your fear cometh; 27 When your fear cometh as desolation, and your destruction cometh as a whirlwind; when distress and anguish cometh upon you. 28 Then shall they call upon me, but I will not answer; they shall seek me early, but they shall not find me: 29 For that they hated knowledge, and did not choose the fear of the LORD: 30 They would none of my counsel: they despised all my reproof. 31 Therefore shall they eat of the fruit of their own way, and be filled with their own devices. 32 For the turning away of the simple shall slay them, and the prosperity of fools shall destroy them. 33 But whoso hearkeneth unto me shall dwell safely, and shall be quiet from fear of evil.

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@@ Line 1: / Line 1: @@
+[[Consent]] is '''permission for something to happen or agreement to do something.'''
+Participation and acceptance are forms of agreement and produces [[assent]].
 [[Proverbs 1]]
 : 10 "My son, if sinners entice thee, consent thou not.   If they say, Come with us, let us lay wait for blood, let us lurk privily for the innocent without cause:"