26.1  
Journals link Search link Partners link Information link
Spring, 2008
Previous
Next
Law and History Review

Table of Contents
List journal issues
Home
Get a printer-friendly version of this page
 


Book Review



Arthur H. Cash, John Wilkes: The Scandalous Father of Civil Liberty, New Haven: Yale University Press, 2006. Pp. xiii + 482. $37.50 (ISBN 9780-300-10871-0).

In a delightful passage from Kingsley Amis's Memoirs, the author recalls a dinnertable squabble with the Conservative MP Enoch Powell. At issue was the Latin derivation and conjugation of the verb "impinge." Powell insisted on a third-person impaxi; in a jesting footnote, Amis corrected him: impegi. I was reminded of this scene after Arthur Cash, for the third time (63, 138, 191), informed readers of John Wilkes that pego was an "antique word for penis." Cash's scholarship takes the racy edge off his material—fair enough—but his cautious style also distances us from Wilkes and from the spirit of his Age. John Wilkes was a radical and a debauchee, but he would have gladly put pego aside to discuss inoffensive verbs and nouns with Powell, a cast-iron Tory of apolitical brilliance, and Amis, the three-sheets-to-the-wind genius of comic literature.

     Cash is a literary scholar of eminence, and the attention he brought to his editorial treatment of Wilkes's Essay on Woman is here usefully directed to Wilkes's life. Too often, however, Cash's respect for his subject is as much hindrance as help. In an afterword, the author denies that his biographical effort is definitive, but the text suggests otherwise, so closely does it follow its man. Chronology dominates narrative histories; in Wilkes, nearly every grain in the hourglass is distinguishable. Such minute care can be self-defeating, and several times Cash loses his footing in the quicksand of detail. Aristocratic genealogy and protocol are especially troublesome: the earl of Sandwich is suddenly and counterfactually elevated to a dukedom (33); the common practice by which heirs to the peerage took courtesy titles is regarded as pretentious (146), when of course it was no more pretentious than claiming any noble title; Lord North, prime minister during the American Revolution, is misidentified (146 and in the index)—his Christian name was "Frederick," not "George." Given the pattern, one is not so surprised to find Cash referring to one of the outstanding authorities on the eighteenth-century upper classes and their politics as "Louis" Namier (275). These mistakes would matter less if Cash's analytical framework were more robust, but he makes no attempt to do what the uncited Linda Colley (another Yale University Press author as well as a Namier biographer) has done with Wilkes and his contemporaries in Britons: turn particular stories inside out until they reveal something about the national and imperial culture.

     Subscribers to this journal will want some discussion of the relationship between personality and law; something of the sort is promised by the subtitle. Cash is sensitive to the power of the Wilkes myth, but one must still read John Brewer's Party Ideology and Popular Politics to learn how thoroughly that myth and its ideological contents were commodified by the ambitious (yet frustrated) middling sort in Britain and British-America. Cash provides rich descriptions of the major cases and causes to which Wilkes was party, but dedicated students of the history of civil liberties will know that Zenger's acquittal could not set a precedent in Westminster if it failed to do so in New York. The standard interpretation of libel law persisted on both sides of the Atlantic for decades. And students of jurisprudence will once again be saddened by Lord Mansfield's historical infirmity: his papers having been destroyed in the Gordon Riots, he cannot now speak for himself. In Cash's work, he plays a familiar role, that of the cunning foil, but Cash nevertheless deserves credit for bringing us closer to Mansfield's devilish adversary, who could, upon measuring the main chance, rouse a mob or face it down.

     Wilkes did the latter during the Gordon episode, and, if he could not save everything (and the fate of the Bank of England worried him much more than the disposition of Mansfield's library), his actions in 1780 enriched a legend that was and is more lustrous for being tarnished. Liberal and conservative, gentleman and rogue, idealist and hustler: John Wilkes is important exactly because his impulses were ambivalent and impure. He was, among other things, a better representative: of the people, of history, and of the Anglo-American constitutional process, wherein principles are distilled from a mash of accidents and originally idiosyncratic litigations. Readers of Cash's devoted biography cannot help but have a deeper appreciation for this marvelous fellow and his legacy.

 

Timothy Milford
St. John's University, New York


Content in the History Cooperative database is intended for personal, noncommercial use only. You may not reproduce, publish, distribute, transmit, participate in the transfer or sale of, modify, create derivative works from, display, or in any way exploit the History Cooperative database in whole or in part without the written permission of the copyright holder.

 





Spring, 2008 Previous Table of Contents Next