Agatha Welhouk (1637–1715) was the central figure of a

court case Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that " e term ''legal proceedings'' ...

in the

Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...

, where she and her father, sued each other regarding whether a

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...

should be considered legal if it had taken place without the consent of the parent. Welhouk was the daughter of Mayor Gerahdo Cornelisz Welhouck of

Delft Delft () is a List of cities in the Netherlands by province, city and Municipalities of the Netherlands, municipality in the Provinces of the Netherlands, province of South Holland, Netherlands. It is located between Rotterdam, to the southeast, ...

and Petronella Adriaansdr. She married a vicar, Arnold Bornius, without the

consent Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions used in such fields as the law, medicine, research, and sexual consent. Consent as understood i ...

of her father in 1655, for which she was sued by her father in 1657. They were forced to separate in 1658, and Welhouk was sentenced to

house arrest House arrest (also called home confinement, or nowadays electronic monitoring) is a legal measure where a person is required to remain at their residence under supervision, typically as an alternative to imprisonment. The person is confined b ...

after having seen her spouse in 1661. Her marriage was declared illegal in 1665, and then declared legal in 1670. The Welhouk case attracted a lot of attention, and became a

reference case In law of Canada, Canadian law, a reference question or reference case (formally called abstract review) is a submission by the Canadian government, federal or a Provinces and territories of Canada, provincial government to the courts asking for a ...

which affected the law regarding the guardianship of parents over children until the 19th century.

References

{{DEFAULTSORT:Welhouk, Agatha 17th-century Dutch women 1637 births 1715 deaths People from Delft