Chapter 17

Such was her state of mind when the dogs of law were let loose on her. Maria took the task of conducting Darnford’s defense upon herself. She instructed his counsel to plead guilty to the charge of adultery; but to deny that of seduction.

The counsel for the plaintiff opened the cause, by observing, “that his client had ever been an indulgent husband, and had borne with several defects of temper, while he had nothing criminal to lay to the charge of his wife. But that she left his house without assigning any cause. He could not assert that she was then acquainted with the defendant; yet, when he was once endeavoring to bring her back to her home, this man put the peace-officers to flight, and took her he knew not whither. After the birth of her child, her conduct was so strange, and a melancholy malady having afflicted one of the family, which delicacy forbade the dwelling on, it was necessary to confine her. By some means the defendant enabled her to make her escape, and they had lived together, in despite of all sense of order and decorum. The adultery was allowed, it was not necessary to bring any witnesses to prove it; but the seduction, though highly probable from the circumstances which he had the honor to state, could not be so clearly proved.—It was of the most atrocious kind, as decency was set at defiance, and respect for reputation, which shows internal compunction, utterly disregarded.”

A strong sense of injustice had silenced every motion, which a mixture of true and false delicacy might otherwise have excited in Maria’s bosom. She only felt in earnest to insist on the privilege of her nature. The sarcasms of society, and the condemnations of a mistaken world, were nothing to her, compared with acting contrary to those feelings which were the foundation of her principles. [She therefore eagerly put herself forward, instead of desiring to be absent, on this memorable occasion.]

Convinced that the subterfuges of the law were disgraceful, she wrote a paper, which she expressly desired might be read in court:

“Married when scarcely able to distinguish the nature of the engagement, I yet submitted to the rigid laws which enthralled women, and obeyed the man whom I could no longer love. Whether the duties of the state are reciprocal, I mean not to discuss; but I can prove repeated infidelities which I overlooked or pardoned. Witnesses are not wanting to establish these facts. I at present maintain the child of a maid servant, sworn to him, and born after our marriage. I am ready to allow, that education and circumstances lead men to think and act with less delicacy, than the preservation of order in society demands from women; but surely I may without assumption declare, that, though I could excuse the birth, I could not the desertion of this unfortunate babe:—and, while I despised the man, it was not easy to venerate the husband. With proper restrictions however, I revere the institution which fraternizes the world. I exclaim against the laws which throw the whole weight of the yoke on the weaker shoulders, and force women, when they claim protectorship as mothers, to sign a contract, which renders them dependent on the caprice of the tyrant, whom choice or necessity has appointed to reign over them. Various are the cases, in which a woman ought to separate herself from her husband; and mine, I may be allowed emphatically to insist, comes under the description of the most aggravated.

“I will not enlarge on those provocations which only the individual can estimate; but will bring forward such charges only, the truth of which is an insult upon humanity. In order to promote certain destructive speculations, Mr. Venables prevailed on me to borrow certain sums of a wealthy relation; and, when I refused further compliance, he thought of bartering my person; and not only allowed opportunities to, but urged, a friend from whom he borrowed money, to seduce me. On the discovery of this act of atrocity, I determined to leave him, and in the most decided manner, for ever. I consider all obligations as made void by his conduct; and hold, that schisms which proceed from want of principles, can never be healed.

“He received a fortune with me to the amount of five thousand pounds. On the death of my uncle, convinced that I could provide for my child, I destroyed the settlement of that fortune. I required none of my property to be returned to me, nor shall enumerate the sums extorted from me during six years that we lived together.

“After leaving, what the law considers as my home, I was hunted like a criminal from place to place, though I contracted no debts, and demanded no maintenance—yet, as the laws sanction such proceeding, and make women the property of their husbands, I forbear to animadvert. After the birth of my daughter, and the death of my uncle, who left a very considerable property to myself and child, I was exposed to new persecution; and, because I had, before arriving at what is termed years of discretion, pledged my faith, I was treated by the world, as bound for ever to a man whose vices were notorious. Yet what are the vices generally known, to the various miseries that a woman may be subject to, which, though deeply felt, eating into the soul, elude description, and may be glossed over! A false morality is even established, which makes all the virtue of women consist in chastity, submission, and the forgiveness of injuries.

“I pardon my oppressor—bitterly as I lament the loss of my child, torn from me in the most violent manner. But nature revolts, and my soul sickens at the bare supposition, that it could ever be a duty to pretend affection, when a separation is necessary to prevent my feeling hourly aversion.

“To force me to give my fortune, I was imprisoned—yes; in a private mad-house.—There, in the heart of misery, I met the man charged with seducing me. We became attached—I deemed, and ever shall deem, myself free. The death of my babe dissolved the only tie which subsisted between me and my, what is termed, lawful husband.

“To this person, thus encountered, I voluntarily gave myself, never considering myself as any more bound to transgress the laws of moral purity, because the will of my husband might be pleaded in my excuse, than to transgress those laws to which [the policy of artificial society has] annexed [positive] punishments.—While no command of a husband can prevent a woman from suffering for certain crimes, she must be allowed to consult her conscience, and regulate her conduct, in some degree, by her own sense of right. The respect I owe to myself, demanded my strict adherence to my determination of never viewing Mr. Venables in the light of a husband, nor could it forbid me from encouraging another. If I am unfortunately united to an unprincipled man, am I for ever to be shut out from fulfilling the duties of a wife and mother?—I wish my country to approve of my conduct; but, if laws exist, made by the strong to oppress the weak, I appeal to my own sense of justice, and declare that I will not live with the individual, who has violated every moral obligation which binds man to man.

“I protest equally against any charge being brought to criminate the man, whom I consider as my husband. I was six-and-twenty when I left Mr. Venables’ roof; if ever I am to be supposed to arrive at an age to direct my own actions, I must by that time have arrived at it.—I acted with deliberation.—Mr. Darnford found me a forlorn and oppressed woman, and promised the protection women in the present state of society want.—But the man who now claims me—was he deprived of my society by this conduct? The question is an insult to common sense, considering where Mr. Darnford met me.—Mr. Venables’ door was indeed open to me—nay, threats and intreaties were used to induce me to return; but why? Was affection or honor the motive?—I cannot, it is true, dove into the recesses of the human heart—yet I presume to assert, [borne out as I am by a variety of circumstances,] that he was merely influenced by the most rapacious avarice.

“I claim then a divorce, and the liberty of enjoying, free from molestation, the fortune left to me by a relation, who was well aware of the character of the man with whom I had to contend.—I appeal to the justice and humanity of the jury—a body of men, whose private judgment must be allowed to modify laws, that must be unjust, because definite rules can never apply to indefinite circumstances—and I deprecate punishment upon the man of my choice, freeing him, as I solemnly do, from the charge of seduction.

“I did not put myself into a situation to justify a charge of adultery, till I had, from conviction, shaken off the fetters which bound me to Mr. Venables.—While I lived with him, I defy the voice of calumny to sully what is termed the fair fame of woman.—Neglected by my husband, I never encouraged a lover; and preserved with scrupulous care, what is termed my honor, at the expence of my peace, till he, who should have been its guardian, laid traps to ensnare me. From that moment I believed myself, in the sight of heaven, free—and no power on earth shall force me to renounce my resolution.”

The judge, in summing up the evidence, alluded to “the fallacy of letting women plead their feelings, as an excuse for the violation of the marriage-vow. For his part, he had always determined to oppose all innovation, and the newfangled notions which incroached on the good old rules of conduct. We did not want French principles in public or private life—and, if women were allowed to plead their feelings, as an excuse or palliation of infidelity, it was opening a flood-gate for immorality. What virtuous woman thought of her feelings?—It was her duty to love and obey the man chosen by her parents and relations, who were qualified by their experience to judge better for her, than she could for herself. As to the charges brought against the husband, they were vague, supported by no witnesses, excepting that of imprisonment in a private madhouse. The proofs of an insanity in the family, might render that however a prudent measure; and indeed the conduct of the lady did not appear that of a person of sane mind. Still such a mode of proceeding could not be justified, and might perhaps entitle the lady [in another court] to a sentence of separation from bed and board, during the joint lives of the parties; but he hoped that no Englishman would legalize adultery, by enabling the adulteress to enrich her seducer. Too many restrictions could not be thrown in the way of divorces, if we wished to maintain the sanctity of marriage; and, though they might bear a little hard on a few, very few individuals, it was evidently for the good of the whole.”