Autobiographical Sketches, Annie Besant [books you have to read .TXT] 📗

like an evil dream: at night I could not sleep, missing in the darkness the soft breathing of the little child; her cries as she clung to me and was forcibly carried away rang ever in my ears; at last, on July 25th, I was suddenly struck down with fever, and had the rest of pain and delirium instead of the agony of conscious loss. While I was lying there prostrate an order was served on me from the Master of the Rolls, granted on Mr. Besant's application, to restrain me from bringing any suit against him. As soon as I recovered, I took steps for contesting this order, but no definite action could be taken until after the Long Vacation. The case came on for hearing first in November, 1878, and then in January, 1879. All access to the children had been denied me, and the money due to me had been withheld. By this my opponent had put himself so completely in the wrong that even the Master of the Rolls uttered words of severe condemnation of the way in which I had been treated. Then a curious interlude took place. The Master of the Rolls advised me to file a counter-claim for divorce or for judicial separation, and I gladly agreed to do so, feeling very doubtful as to the Master of the Rolls' power to do anything of the kind, but very glad that he should think he had the authority. While the claim was being prepared, I obtained access to the children under an interim order, as well as the money owing to me, and at the end of March the case again came before the Master of the Rolls. The claim filed alleged distinct acts of cruelty, and I brought witnesses to support the claim, among them the doctor who had attended me during my married life. Mr. Ince filed an answer of general denial, adding that the acts of cruelty, if any, were "done in the heat of the moment". He did not, however, venture to contest the case, although I tendered myself for cross-examination, but pleaded the deed of separation as a bar to further proceedings on my part; I argued on the other hand that as the deed had been broken by the plaintiff's act, all my original rights revived. Sir George Jessel held that the deed of separation condoned all that had gone before it, if it was raised as a bar to further proceedings, and expressed his regret that he had not known there would be "any objection on the other side", when he advised a claim for a judicial separation. On the final hearing of the case in April in the Rolls' Court Sir George Jessel decided that the deed of separation was good as protecting Mr. Besant from any suit on my part to obtain a decree for the restitution of conjugal rights, although it had been set aside on the one matter of value to me--the custody of my child. The net result of the proceedings was that had I gone to the Divorce Court in 1873, I might at least have obtained a divorce _a mensa e thoro_; that in my desire to avoid publicity, and content in what I believed to be secure possession of my child, I had agreed to a deed which fully protected Mr. Besant against any action on my part, but which could be set aside by him for the purpose of robbing me of my child.

The argument in the Court of Appeal came on during April, and was, as I expected, decided against me, the absolute right of the father being declared, and a married mother held to have no sort of claim over her own children. The worst stigma affixed to marriage by the law of England is this ignoring of any right of the married mother to her child; the law protects the unmarried, but insults the married, mother, and places in the hands of the legal husband an instrument of torture whose power to agonise depends on the tenderness and strength of the motherliness of the wife. In fact the law says to every woman: "Choose which of these two positions you will have: if you are legally your husband's wife you can have no legal claim to your children; if legally you are your husband's mistress, then your rights as mother are secure".

But one thing I gained in the Court of Appeal. The Court expressed a strong view as to my right of access, and directed me to apply to Sir George Jessel for it, stating that it could not doubt that he would give it. I made the application and obtained an order of access to the children, seeing them alone, once a month; of a visit of the children to London twice a year, with their governess, for a week each time; of a week at the seaside in similar fashion once a year; of a weekly letter from each of them with the right of reply. This order, obtained after such long struggle, has proved useless. The monthly visit so upset my poor little daughter, and made her fret so constantly after me, that in mercy to her I felt compelled to relinquish it; on the first visit to the seaside, I was saddled with the cost of maintaining the Rev. Mr. and Mrs. Child, who were placed as guardians of the children, and who treated me in their presence as though I were a dangerous animal from whom they were to be protected. To give but an instance of the sort of treatment I received, I wished Mabel to have the benefit of sea-bathing, and was told that she could not be allowed to bathe with me, and this with a suggestiveness that sorely taxed my self-control. I could not apply to the Court against the ingenious forms of petty insult employed, while I felt that they must inevitably estrange the children from me if practised always in their presence. After a vain appeal that some sort of consideration should be shown to me, an appeal answered by a mocking suggestion that I should complain to the Master of the Rolls, I made up my mind as to my future course. I resolved neither to see nor to write to my children until they were old enough to understand and to judge for themselves, and I know that I shall win my daughter back in her womanhood, though I have been robbed of her childhood. By effacing myself then, I saved her from a constant and painful struggle unfitted for childhood's passionate feelings, and left her only a memory that she loves, undefaced by painful remembrances of her mother insulted in her presence.

Unhappily Sir George Jessel has terribly handicapped her future; left to me she would have had the highest education now open to girls; left to her present guardian she receives only fifth-rate teaching, utterly unfitted for the present day. Twice I have offered to bear the whole expense of her education in the High School at Cheltenham, or in some London College, without in any way appearing in the matter, but each time my offer has been roughly and insultingly refused, and the influence that marred the mother's life is undermining the future happiness of the child's. But I am not without hope that I may be able to obtain from the Court of Chancery an order for the benefit of its ward, and I trust before very long that I shall be able to insure to my child an education which will fit her to play her part worthily when she reaches womanhood. I had hoped to save her from the pain of rejecting a superstitious faith, but that is now impossible, and she must fight her way out of darkness into light as her mother did before her. But in order that she may do so, education now is of vital importance, and that I am striving to obtain for her. I live in the hope that in her womanhood she may return to the home she was torn from in her childhood, and that, in faithful work and noble endeavor, she may wear in future years in the Freethought ranks a name not wholly unloved or unhonored therein, for the sake of the woman who has borne it in the van through eleven years of strife.

THE END.
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Publication Date: 08-25-2010

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