Page:The Works of Lord Byron (ed. Coleridge, Prothero) - Volume 5.djvu/231

 and A Postscript containing Strictures on "Cain," etc., London, 1822, etc.; but their works, which hardly deserve to be catalogued, have perished with them. Finally, in 1830, a barrister named Harding Grant, author of Chancery Practice, compiled a work (Lord Byron's "Cain," etc., with Notes) of more than four hundred pages, in which he treats "the proceedings and speeches of Lucifer with the same earnestness as if they were existing and earthly personages." But it was "a week too late." The "Coryphæus of the Satanic School" had passed away, and the tumult had "dwindled to a calm."

Cain "appeared in conjunction with" Sardanapalus and The Two Foscari, December 19, 1821. Last but not least of the three plays, it had been announced "by a separate advertisement (Morning Chronicle, November 24, 1821), for the purpose of exciting the greater curiosity"

(Memoirs of the Life, etc. [by John Watkins], 1822, p. 383), and it was no sooner published than it was pirated. In the following January, "Cain: A Mystery, by the author of Don Juan," was issued by W. Benbow, at Castle Street, Leicester Square (the notorious "Byron Head," which Southey described as "one of those preparatory schools for the brothel and the gallows, where obscenity, sedition, and blasphemy are retailed in drams for the vulgar"!).

Murray had paid Byron £2710 for the three tragedies, and in order to protect the copyright, he applied, through counsel (Lancelot Shadwell, afterwards Vice-Chancellor), for an injunction in Chancery to stop the sale of piratical editions of Cain. In delivering judgment (February 12, 1822), the Chancellor, Lord Eldon (see Courier, Wednesday, February 13), replying to Shadwell, drew a comparison between Cain and Paradise Lost, "which he had read from beginning to end during the course of the last Long Vacation—solicitæ jucunda oblivia vitæ." No one, he argued, could deny that the object and effects of Paradise Lost were "not to bring into disrepute," but "to promote reverence for our religion," and, per contra, no one could affirm that it was impossible to arrive at an opposite conclusion with regard to "the Preface, the poem, the general tone and manner of Cain." It was a question for a jury. A jury might decide that Cain was blasphemous, and void of copyright; and as there was a reasonable doubt in his mind as to the character of the book, and a doubt as to the conclusion at which a jury would arrive, he was compelled to refuse the injunction. According to Dr. Smiles (Memoir of John Murray, 1891, i. 428), the decision of a jury was taken, and an injunction eventually granted. If so, it was ineffectual, for Benbow issued