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Whereas Willem Harck, born in old England, at present a vassal and inhabitant of New Netherland, and provisionally schout and officer of New Flushing, being on Monday, the 30th of March, sent hither at the request of one Tomas Nuton, widower of Dorite Nuton, to Ritchert Smith and his wife, residing here in our city of New Amsterdam, to ask and demand of them as lawful father and mother the parents' will and consent to the marriage of said Tomas Nuton with their daughter Joon Smith, which being refused for reasons adduced by the girl’s father, the aforesaid Willem Harck did, nevertheless, according to his own confession and sufficient testimony as provisional schout and officer of Flushing, not only presume to unite together on the following day said Tomas Nuton and Joon Smith, without the parents' knowledge or consent, by an unheard of and unwarranted sort of marriage in his own house, without any legal proclamation or marriage formalities, but also provided them instantaneously in his house with bed and room to consummate the marriage, without being authorized and empowered by any lawful superior to confirm any one in the marriage state, even though according to Christian usage three proclamations and all marriage formalities should have been previously observed, which as well as the parents' will and consent were wanting in this indecent transaction, which was accomplished contrary to the express prohibition, wherefore the aforesaid Ritchert Smith, as father, has made complaint to the honorable director general and requested legal proceedings, not only on account of this indecent and unheard of manner of marrying, but also for the sinister perversion of the father's answer and intention, reporting on his return to his daughter and Tomas Nuton that indeed the father would not consent or allow their marriage, but nevertheless would bestow a word of comfort (which the father denies) to wit: that he left it to the girl's choice, as more fully appears by the examination and the interrogatories taken in full council; all of which indecent acts he, as provisional schout and deputed officer ought to have prevented, hindered and opposed being performed by another, yet being practiced and committed by himself they ought not and cannot be suffered in any civilized city where law and justice are administered. Therefore, we, the director general and council, on the complaint and demand for justice by the offended father, and especially for an example to others to prevent further mischief by such improper modes of marriage, administering justice in the name of their High Mightinesses the Lords States General, and his serene Highness, the Prince of Orange, and the honorable directors, have condemned and sentenced, as we do hereby condemn and sentence him, the aforesaid Willem Harck, to pay a fine of 600 Carolus guilders before he shall be released from his arrest and confinement, further dismissing him from his office and declaring the aforesaid indecent marriage confirmation null and void. Done and sentenced in full council, the 3d of April anno 1648, in New Amsterdam in New Netherlands

Whereas Tomas Nuton, a resident of Flushing in New Netherland, contrary to all decency has presumed not only to marry the daughter of Richert Smith without his knowledge or consent and also without any proclamation or special consent of any authorities, Joon Smith being a young girl and the marriage being performed at Flushing by Schout Willem Harck secretly in said sellout's house, but also last Tuesday night to sleep with said Joon Smith at the house of Willem Harck aforesaid, as appears by the confessions of Tomas Nuton and Willem Harck, for which reason said Ritchert Smith, being greatly aggrieved and offended, has made complaint to the honorable director general and requested proper remedy and justice, said matters have been taken into further consideration by the honorable general and council. Having considered everything that is to be considered and done, they find the matter to be of serious consequence and that, in case no timely provision be made herein, having the children of decent people married by unlawful and unauthorized persons against the will and consent of their parents may cause great scandal and injury to an entire family. Therefore, the honorable director general and council, administering justice, as they do hereby. In the name of their High Mightinesses the Lords States General, his Highness of Orange and the honorable directors of the Chartered West India Company, condemn the said Tomas Nuton and Joon Smith to pay a fine of 300 guilders, to be applied according to the discretion of the honorable director general and council, and to have their marriage after three consecutive proclamations approved by the honorable general and council, as an example to others. Thus done in council, the 3d of April anno 1648, in Fort Amsterdam.

References

Translation: Scott, K., & Stryker-Rodda, K. (Ed.). New York Historical Manuscripts: Dutch, Vol. 4, Council Minutes, 1638-1649 (A. Van Laer, Trans.). Baltimore: Genealogical Publishing Co., Inc.: 1974.A complete copy of this publication is available on the New Netherland Institute website.