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nothing to do” (McGann 5.297:72-3), he is distancing himself from an atheist radicalwho took up his Cain as a political tract.Byron’s comments are all justification, not persuasion: no attempt is made to argue,merely to assert. This argument from precedent was apparently deemed effective,considering that it was adopted by the lawyer Lancelot Shadwell for the defence <strong>of</strong>the copyright <strong>of</strong> Cain. 461 Further, the poet is here expressing his wish to take all <strong>of</strong>the blame upon himself: he advised Murray to make use <strong>of</strong> the letter, and Byron’sjustification <strong>of</strong> Cain was indeed published in various periodicals in March <strong>of</strong> 1822. 462<strong>The</strong>re are also two significant points <strong>of</strong> comparison for this passage. <strong>The</strong> first isanother passage from later in the very same letter, wherein Byron writes to Murray,“As for what the Clergyman says <strong>of</strong> “Don Juan” you have brought it upon yourself byyour absurd half and half prudery” (BLJ 9.104), referring to Murray having publishedDon Juan but having withheld his own name from it. <strong>The</strong> religion <strong>of</strong> Cain isdefended where that <strong>of</strong> Don Juan is not: the drama appears to have been meant to bemore pious than the travelogue-meditation. <strong>The</strong> second point for comparison isByron’s response, three months earlier, to Murray’s very first letter about the content<strong>of</strong> Cain:<strong>The</strong> two passages 463 cannot be altered without making Lucifer talk like theBishop <strong>of</strong> Lincoln – which would not be in the character <strong>of</strong> the former. – –<strong>The</strong> notion is from Cuvier (that <strong>of</strong> the old Worlds) as I have explained in anadditional note to the preface. – <strong>The</strong> other passage is also in Character – ifnonsense – so much the better – because then it can do no harm – & the sillierMcGann notes, the second Preface to Cain “could not have been written before late August” <strong>of</strong> 1822(5.715), after most <strong>of</strong> the reviews which Tannenbaum lists.461 Q.v. Galignani Edition., p.597, for an excerpt <strong>of</strong> Shadwell’s argument and Lord Chancellor Eldon’sprevaricating reply. It should be noted that, contrary to some accounts (q.v. McGann 6.648-9), Eldondid not simply withhold protection from the work, but instead deferred the decision to a jury, whogranted the request for legal protection, albeit ineffectually. Q.v. Smiles 1.428, Coleridge 5.203-4.462 Q.v. <strong>The</strong> Letters <strong>of</strong> John Murray to Lord Byron, ed. by Andrew Nicholson (Liverpool: Liverpool<strong>University</strong> Press, 2007), p.433; Truman Guy Steffan, in Lord Byron’s Cain: Twelve Essays and a Textwith Variants and Annotations (Austin & London: <strong>University</strong> <strong>of</strong> Texas Press, 1968) notes that severalperiodicals published the letter, beginning with <strong>The</strong> Examiner on the 10 th <strong>of</strong> March, and <strong>The</strong> LiteraryGazette on the 16 th <strong>of</strong> March, 1822 (p.12n24).463 Murray’s letter has been lost, and so it is not known which two passages are meant here (Nicholson,p.431), but the Galignani edition identifies them as occurring in 2.2 (p.612n1).287

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