silence means consent

This is not a principle accepted in modern English law. However, Sir Thomas More (1478–1535) is said to have riposted with the Latin maxim when asked at his trial why he kept silent when asked to acknowledge the King’s supremacy over the Church. Cf. L. qui tacet consentire videtur, he who is silent seems to consent.

c 1380 WYCLIF Select English Works (1871) III. 349 Oo [one] maner of consent is, whanne a man is stille and tellith not.

1591 LYLY Endymion v. iii. Silence, Madame, consents.

c 1616–30 Partial Law (1908) v. iv. ‘I will nothing say.’.. ‘Then silence gives consent.’

1847 A. HELPS Friends in Council ix. I have known a man..bear patiently..a serious charge which a few lines would have entirely answered.’.. ‘Silence does not give consent in these cases.’

1914 L. WOOLF Wise Virgins v. He..did not speak. ‘I assume that silence means consent,’ said Arthur.

1986 ‘C. AIRD’ Dead Liberty ii. ‘Silence is consent,’ said the superintendent. His knowledge of law had a magpie quality about it and he had picked up the phrase from somewhere.