MACGREGOR v. CROWLEY (21 March 1910)

This was a legal action brought by MacGregor Mathers against Aleister Crowley and his publication The Equinox to prevent Crowley from publishing the Golden Dawn's 5º=6^o ritual in The Equinox, Vol. I, No. 3. Crowley had previously published Golden Dawn rituals in prior editions of The Equinox. Mathers, describing himself as the Chief. or Head, of the Golden Dawn, claimed the right to stop Crowley from publishing its secrets.

On 11 March, Mather's solicitor George Rose Cran served Crowley with a writ stating that Mathers was seeking an injunction to keep The Equinox from publishing the remaining 5º=6^o ritual.

On 14 March, Mathers applied for an ex parte interim injunction, which Justice Bucknill granted on 18 March. Crowley appealed the injunction and on 21 March his appeal came before the appeals court. Hearing the case were appeals judges Vaughan Williams, Fletcher Moulton, and Farwell. Mathers appeared with long white hair brushed straight back to reveal the withered features of his aging face. He was represented by Frederick Low and P. Rose-Innes.

Mr. Whately (with him Mr. A. Neilson in support of Mr. Crowley's appeal) said the writ and the plaintiff's affidavit disclosed no cause of action, and, moreover, the plaintiff, who knew all about the subject matter of the complaint last November, did not issue his writ until 11 March, just before the magazine was about to be published. Mr. Crowley was editor, proprietor, printer, and publisher of the magazine. The defendant said in his affidavit that the order was instituted in 1858 for the study of "mystic philosophy and the mysteries of antiquity": that the exclusive copyright of the rituals, ceremonies, and manuscripts of the order was vested in him, and the defendant proposed to publish them.

Aleister Crowley, the affidavit also said, became a duly qualified member, after signing the preliminary pledge form of secrecy, and made "a solemn obligation in open temple." the affidavit continued. Mr. Crowley had violated the oath of secrecy by making disclosures of ritual in an article entitled "The Temple of Solomon the King," and there was a chapter headed "The Neophyte."

Lord Justice Fletcher Moulton asked for a copy of the September number. This was handed to his lordship, who perused with obvious enjoyment an article headed "The Pillar of Cloud," and passed it on to the other lords justice.

Lord Justice Farwell asked what harm would be done by the intended publication against which the interim injunction had been obtained.

Sir F. Lowe, K.C. (with him Mr. P. Rowe-Innest, for the plaintiff: it would do irreparable harm, for the cat would then be out of the bag. (Laughter.)

Lord Justice Farwell: It seems to me it is a dead cat. (Laughter.)

Sir F. Lowe: Perhaps there is a second cat in the bag, my lord. (Renewed laughter.) The defendant is publishing the article as an act of revenge for having been expelled.

Their lordships allowed the appeal and dissolved the injunction, holding that the application, made on the eve of the publication of the book, was made too late.

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