The case came before Lord Chancellor Eldon on February 9. Mr. Shadwell, Mr. Spence, and Sergeant Copley were retained by Mr. Murray, and after considerable discussion the injunction was refused, the Lord Chancellor intimating that the publisher must establish his right to the publication at law, and obtain the decision of a jury, on which he would grant the injunction required. This was done accordingly, and the copyright in "Cain" was thus secured.
On the death of Allegra, his natural daughter, Lord Byron entrusted to Mr. Murray the painful duty of making arrangements for the burial of the remains in Harrow Church. Mr. Cunningham, the clergyman of Harrow, wrote in answer to Mr. Murray:
_Rev. J.W. Cunningham to John Murray_.
_August_ 20, 1822.
Sir,
Mr. Henry Drury was so good as to communicate to me a request conveyed to you by Lord Byron respecting the burial of a child in this church.
Mr. H. Drury will probably have also stated to you my willingness to comply with the wish of Lord Byron. Will you forgive me, however, for so far trespa.s.sing upon you (though a stranger) as to suggest an inquiry whether it might not be practicable and desirable to fulfil for the _present_ only a _part_ of his Lordship"s wish--by burying the child, and putting up a tablet with simply its name upon the tablet; and thus leaving Lord B. more leisure to reflect upon the character of the inscription he may wish to be added. It does seem to me that whatever he may wish in the moment of his distress about the loss of this child, he will afterwards regret that he should have taken pains to proclaim to the world what he will not, I am sure, consider as honourable to his name. And if this be probable, then it appears to me the office of a true friend not to suffer him to commit himself but to allow his mind an opportunity of calm deliberation. I feel constrained to say that the inscription he proposed will be felt by every man of refined taste, to say nothing of sound morals, to be an offence against taste and propriety. My correspondence with his Lordship has been so small that I can scarcely venture myself to urge these objections. You perhaps will feel no such scruple. I have seen no person who did not concur in the propriety of stating them. I would entreat, however, that should you think it right to introduce my name into any statement made to Lord Byron, you will not do it without a.s.suring him of my unwillingness to oppose the smallest obstacle to his wishes, or give the slightest pain to his mind. The injury which, in my judgment, he is from day to day inflicting upon society is no justification for measures of retaliation and unkindness.
Your obedient and faithful Servant, J.W. CUNNINGHAM.
No communication having been received by the Rector, he placed the application from Lord Byron before the churchwardens.
_Rev. J.W. Cunningham to John Murray_.
"The churchwardens have been urged to issue their prohibition by several leading and influential persons, laymen, in the parish. You are aware that as to _ex-parishioners_ the consent of the churchwardens is no less necessary than my own; and that therefore the enclosed prohibition is decisive as to the putting up of the monument. You will oblige me by making known to Lord Byron the precise circ.u.mstances of the case.
I am, your obedient Servant, J.W. CUNNINGHAM.
The prohibition was as follows:
HARROW, _September_ 17, 1822.
Honored Sir,
I object on behalf of the parish to admit the tablet of Lord Byron"s child into the church.
JAMES WINKLEY, _Churchwarden_.
The remains of Allegra, after long delay, were at length buried in the church, just under the present door mat, over which the congregation enter the church; but no memorial tablet or other record of her appears on the walls of Harrow Church.
CHAPTER XVI
BYRON"S DEATH AND THE DESTRUCTION OF HIS MEMOIRS
No attempt has here been made to present a strictly chronological record of Mr. Murray"s life; we have sought only so to group his correspondence as to lay before our readers the various episodes which go to form the business life of a publisher. In pursuance of this plan we now proceed to narrate the closing incidents of his friendship with Lord Byron, reserving to subsequent chapters the various other transactions in which he was engaged.
During the later months of Byron"s residence in Italy this friendship had suffered some interruption, due in part perhaps to questions which had arisen out of the publication of "Don Juan," and in part to the interference of the Hunts. With the activity aroused by his expedition to Greece, Byron"s better nature rea.s.serted itself, and his last letter to his publisher, though already printed in Moore"s Life, cannot be omitted from these pages:
_Lord Byron to John Murray_.
MISSOLONGHI, _February_ 25, 1824.
I have heard from Mr. Douglas Kinnaird that you state "a report of a satire on Mr. Gifford having arrived from Italy, _said_ to be written by _me_! but that _you_ do not believe it." I dare say you do not, nor any body else, I should think. Whoever a.s.serts that I am the author or abettor of anything of the kind on Gifford lies in his throat. I always regarded him as my literary father, and myself as his prodigal son; if any such composition exists, it is none of mine. _You_ know as well as anybody upon _whom_ I have or have not written; and _you_ also know whether they do or did not deserve that same. And so much for such matters. You will perhaps be anxious to hear some news from this part of Greece (which is the most liable to invasion); but you will hear enough through public and private channels. I will, however, give you the events of a week, mingling my own private peculiar with the public; for we are here jumbled a little together at present.
On Sunday (the 15th, I believe) I had a strong and sudden convulsive attack, which left me speechless, though not motionless-for some strong men could not hold me; but whether it was epilepsy, catalepsy, cachexy, or apoplexy, or what other _exy_ or _epsy_ the doctors have not decided; or whether it was spasmodic or nervous, etc.; but it was very unpleasant, and nearly carried me off, and all that. On Monday, they put leeches to my temples, no difficult matter, but the blood could not be stopped till eleven at night (they had gone too near the temporal artery for my temporal safety), and neither styptic nor caustic would cauterise the orifice till after a hundred attempts.
On Tuesday a Turkish brig of war ran on sh.o.r.e. On Wednesday, great preparations being made to attack her, though protected by her consorts, the Turks burned her and retired to Patras. On Thursday a quarrel ensued between the Suliotes and the Frank guard at the a.r.s.enal: a Swedish officer was killed, and a Suliote severely wounded, and a general fight expected, and with some difficulty prevented. On Friday, the officer was buried; and Captain Parry"s English artificers mutinied, under pretence that their lives were in danger, and are for quitting the country:--they may.
On Sat.u.r.day we had the smartest shock of an earthquake which I remember (and I have felt thirty, slight or smart, at different periods; they are common in the Mediterranean), and the whole army discharged their arms, upon the same principle that savages beat drums, or howl, during an eclipse of the moon:--it was a rare scene altogether--if you had but seen the English Johnnies, who had never been out of a c.o.c.kney workshop before!--or will again, if they can help it--and on Sunday, we heard that the Vizier is come down to Larissa, with one hundred and odd thousand men.
In coming here, I had two escapes; one from the Turks _(one_ of my vessels was taken but afterwards released), and the other from shipwreck. We drove twice on the rocks near the Scrofes (islands near the coast).
I have obtained from the Greeks the release of eight-and-twenty Turkish prisoners, men, women, and children, and sent them to Patras and Prevesa at my own charges. One little girl of nine years old, who prefers remaining with me, I shall (if I live) send, with her mother, probably, to Italy, or to England, and adopt her. Her name is Hato, or Hatagee.
She is a very pretty lively child. All her brothers were killed by the Greeks, and she herself and her mother merely spared by special favour and owing to her extreme youth, she being then but five or six years old.
My health is now better, and I ride about again. My office here is no sinecure, so many parties and difficulties of every kind; but I will do what I can. Prince Mavrocordato is an excellent person, and does all in his power; but his situation is perplexing in the extreme. Still we have great hopes of the success of the contest. You will hear, however, more of public news from plenty of quarters: for I have little time to write.
Believe me, yours, etc., etc.,
N. BN.
The fierce lawlessness of the Suliotes had now risen to such a height that it became necessary, for the safety of the European population, to get rid of them altogether; and, by some sacrifices on the part of Lord Byron, this object was at length effected. The advance of a month"s pay by him, and the discharge of their arrears by the Government (the latter, too, with money lent for that purpose by the same universal paymaster), at length induced these rude warriors to depart from the town, and with them vanished all hopes of the expedition against Lepanto.
Byron died at Missolonghi on April 19, 1824, and when the body arrived in London, Murray, on behalf of Mr. Hobhouse, who was not personally acquainted with Dr. Ireland, the Dean of Westminster, wrote to him, conveying "the request of the executors and nearest relatives of the deceased for permission that his Lordship"s remains may be deposited in Westminster Abbey, in the most private manner, at an early hour in the morning."
Dr. _Ireland to John Murray_. ISLIP, OXFORD, _July_ 8, 1824.
Dear Sir,
No doubt the family vault is the most proper place for the remains of Lord Byron. It is to be wished, however, that nothing had been said _publicly_ about Westminster Abbey before it was known whether the remains could be received there. In the newspapers, unfortunately, it has been proclaimed by somebody that the Abbey was to be the spot, and, on the appearance of this article, I have been questioned as to the truth of it from Oxford. My answer has been that the proposal has been made, but civilly declined. I had also informed the members of the church at Westminster (after your first letter) that I could not grant the favour asked. I cannot, therefore, answer now that the case will not be mentioned (as it has happened) by some person or other who knows it.
The best thing to be done, however, by the executors and relatives, is to carry away the body, and say as little about it as possible. Unless the subject is provoked by some injudicious parade about the remains, perhaps the matter will draw little or no notice.
Yours very truly,
J. IRELAND,
The death of Byron brought into immediate prominence the question of his autobiographical memoirs, the MS. of which he had given to Moore, who was at that time his guest at La Mira, near Venice, in 1819.
"A short time before dinner," wrote Moore, "he left the room, and in a minute or two returned carrying in his hand a white-leather bag. "Look here," he said, holding it up, "this would be worth something to Murray, though _you_, I daresay, would not give sixpence for it." "What is it?"
I asked. "My Life and Adventures," he answered. On hearing this I raised my hands in a gesture of wonder. "It is not a thing," he continued, "that can be published during my lifetime, but you may have it if you like: there, do whatever you please with it.""
Moore was greatly gratified by the gift, and said the Memoirs would make a fine legacy for his little boy. Lord Byron informed Mr. Murray by letter what he had done. "They are not," he said, "for publication during my life, but when I am cold you may do what you please." In a subsequent letter to Mr. Murray, Lord Byron said: "As you say my _prose_ is good, why don"t you treat with Moore for the reversion of my Memoirs?--conditionally recollect; not to be published before decease.
He has the permission to dispose of them, and I advised him to do so."
Moore thus mentions the subject in his Memoirs:
"_May_ 28, 1820.--Received a letter at last from Lord Byron, through Murray, telling me he had informed Lady B. of his having given me his Memoirs for the purpose of their being published after his death, and offering her the perusal of them in case she might wish to confute any of his statements. Her note in answer to this offer (the original of which he enclosed me) is as follows":
KIRKBY MALLORY, _March_ 10, 1820.
I received your letter of January 1st, offering for my perusal a Memoir of part of my life. I decline to inspect it. I consider the publication or circulation of such a composition at any time is prejudicial to Ada"s future happiness. For my own sake I have no reason to shrink from publication; but notwithstanding the injuries which I have suffered, I should lament more of the _consequences._