Legal Definitions - ex assensu patris

Ex assensu patris is a Latin legal term that translates to "by or with the consent of the father." Historically, it referred to a specific type of "dower," which was a provision made for a wife from her husband's property for her support after his death. In this particular form of dower, a husband, with the explicit agreement and permission of his own father, would designate a portion of his father's land to be set aside for his wife's financial security. This arrangement was unique because it involved the father's property, not solely the husband's, and therefore required the father's direct and express approval.

Here are some examples illustrating how this concept would have applied:

• Imagine a medieval lord, Sir Reginald, whose eldest son, Arthur, is about to marry Lady Eleanor. Arthur does not yet own land independently; all family estates are still under Sir Reginald's direct control. To ensure Lady Eleanor's financial security should Arthur predecease her, and to demonstrate the family's commitment to the marriage, Sir Reginald agrees to set aside a specific manor from his vast holdings as dower for Lady Eleanor. This act, where Arthur endows his wife with a portion of his father's land with his father's express permission, would be an instance of ex assensu patris.

• Consider a wealthy merchant family in 17th-century England, where the father, Mr. Davies, owns several valuable properties. His son, Thomas, is marrying a woman of good standing but modest means. To elevate his daughter-in-law's status and provide her with a guaranteed income stream, Mr. Davies explicitly consents for Thomas to declare that a particular income-generating farm, currently owned by Mr. Davies, will serve as dower for Thomas's wife. This arrangement, made by Thomas but contingent on his father's direct approval and involving the father's property, perfectly illustrates the principle of ex assensu patris.

• In a landed gentry family, a father might have multiple sons. One son, Edward, is marrying, but the father intends for a different son to inherit the primary estate. To ensure Edward's wife, Catherine, still receives a respectable provision without diminishing the main inheritance, the father might agree to allocate a smaller, separate parcel of his land specifically for Catherine's dower. Edward, with his father's explicit consent, would then formally endow Catherine with this land. This scenario highlights how the father's assent was crucial for using his property for his daughter-in-law's dower, embodying ex assensu patris.