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Bar News - October 21, 2005 Professionalism: The “Loyal Order of the Rock” By: Paul R. Pudloski In 2004, the Rockingham County Bar Association reestablished the legendary “Loyal Order of the Rock” to honor those members who have practiced law for 30 years or more and who have demonstrated their love of the law through their dedication to their clients, community and colleagues. To date, six members have been inducted into the Order: Robert A. Shaines of Portsmouth; H. Alfred Casassa of Hampton; Robert B. Donovan of Exeter; Charles A. DeGrandpre of Portsmouth; Wilfred L. Sanders, Jr. of Portsmouth; and Edward J. McDermott of Portsmouth. The induction ceremonies are held during the Annual Meeting of the County Bar in the spring each year, and follow a “roast format” in which each inductee is “roasted” by a colleague. In addition, each inductee is presented with a genuine granite “sea rock” extracted from an undisclosed location along the NH Seacoast. (These make excellent conversation pieces and paperweights!) The following script is read aloud immediately prior to the introduction of the inductees to keep the legend alive. The Loyal Order of the Rock (Induction script by Paul R. Pudloski) The Colony of New Hampshire was established in 1684 pursuant to a Royal Charter from King George I to Lord Rockingham, who served as the first governor of the colony for over 20 years and named its principal county in his honor. As governor, Lord Rockingham established a court system for the resolution of disputes, and appointed his good friend, Amos Andrew Superior, as the first Justice. The Court became known as the Rockingham County Superior Court, but was affectionately referred to as “The Rock.” This court system functioned well until 1746, when Governor Wentworth established a very unpopular “cattle tax” to build a Summer Palace on Smith’s Pond in present-day Wolfeboro. Smith’s pond is now known as Lake Wentworth, and Gov. Wentworth’s edifice on the lake is the basis of Wolfeboro’s claim to being “The Oldest Summer Resort in America.” Nearly all the residents of New Hampshire owned cattle for their meat and dairy needs in the 18th century, and the “cattle tax” of 5 cents per head per annum was widely opposed. In establishing the tax, Gov. Wentworth decreed that the tax could not be repealed nor amended for 30 years, in order to raise sufficient revenue for his grandiose Summer Palace. Several farmers approached William Whipple, a young attorney who operated his father’s tavern in Portsmouth while building his law practice, to challenge the tax. Young Whipple discovered a loophole: The written decree mistakenly spelled the word “head” as “herd” so that the tax should only be five cents per HERD, not five cents per head. Armed with this clever argument, young Whipple filed suit for an abatement of the cattle tax for several farmers in the Rock. Judge Charles Clueless, a distant cousin of Gov. Wentworth heard the case. Clueless was well aware of Gov. Wentworth’s womanizing, but had only recently learned that the ol’ Gov. was involved in a fling with the judge’s young wife. Clueless reasoned (correctly) that Wentworth’s new Summer Palace, to be built with the cattle tax proceeds, would serve as the “sin bin” for this sinister affair. Accordingly, Judge Clueless ruled in favor of the farmers, and declared that the cattle tax was only five cents per HERD. Gov. Wentworth was incensed. Two weeks later, Judge Clueless’ dead body washed up on shore in what was reported as a “sailing accident.” Further, Wentworth refused to appoint a successor judge for the next 30 years and decreed that the practice of law was henceforth illegal in the Colony of New Hampshire. At that time, there were eight lawyers in Rockingham County: six in Portsmouth and two in Hampton, who moonlighted as clam shuckers. These attorneys got together one night in Whipple’s Tavern to discuss their future in light of Gov. Wentworth’s destruction of the local court system and the ban on lawyering in the colony. It was decided that the eight attorneys would form their own judicial system. Young Whipple volunteered to serve as a Master to hear all cases, since it was his actions which led to the destruction of the court system and the ban on lawyers. They referred to their group as “The Loyal Order of the Rock”, and each vowed to keep the system secret, but to obey the decisions rendered by Master Whipple. Each lawyer was assigned a number, and whenever a case needed a hearing, the petitioning attorney simply left a large, round rock near the back door of the Whipple’s Tavern. On the underside of the rock was a series of numbers which told Whipple all he needed to know: the number of the petitioner’s attorney; the date of the hearing; and the numbers of the other attorneys who would participate. To avoid detection, all hearings were conducted at 11 pm, just after the tavern closed for the evening, in the back room. Only lawyers would attend, and all proceedings were conducted by offers of proof. Each attorney swore only to speak the truth in presenting their case, and this honor code was never broken. Whipple followed his rule of “Four Pints.” That is, when Whipple had consumed four pints of ale, the case was submitted, and a verdict was rendered. This secret system of justice continued in Rockingham County for 30 years, until the colony declared its independence in 1776 and Wentworth skipped off to Halifax. No written account of The Loyal Order of the Rock exists, other than esoteric references in the diary of William Whipple, a signer of the Declaration of Independence. However, Whipple wrote that membership in the Order should be offered to any attorney in Rockingham County who has practiced law for 30 years or more and who has demonstrated his love of the law through his dedication to his clients, community and colleagues. It is with great pleasure that the Rockingham County Bar Association revives “The Loyal Order of the Rock.” Paul Pudloski is an attorney who practices in Portsmouth at the firm of Griffin & Pudloski; he is a member of the NHBA Committee on Professionalism.
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