Robert Treat Paine Papers, Volume 2
As my Circumstances will not admit of my attendance at the Proposed Interview of the Gentlemen of the Barr at Boston,1 I have Ventured to Give you my tho'ts on the subject of that meeting, (as I apprehend it) viz to Consult and advise to Proper Measures for the Suporte of the Honour of the Barr, and to Prevent Irregular admissions for the Future, and the Cultivating a Good understanding between all, who are or shall be members of our Society. I most Earnestly wish that Such measures may be taken as will answare the Proposed Ends. And in order to this, I would propose.
1. That for the Future, No Person should be offered as an attr. at the Lower Courts, but Such as have had gone thrô a Regular Course of Study, and are well aquainted with the Principels of the Law, and are men of Good Naturall Powers, as well as of aquiered abilitys, men of Honesty and Integrity, that will abhor meanness, and that will place a due Vallue upon the Charracter of a Lawyer, &c. and that when any applications are made to any one of the Barr, for their assistance in Such admissions, no Encouragement Should be given, unless the Person desiering the Same, will Convene all the Gents. together who usually Practice in Such Courts; and they by Generall Consent shall agree that Such Person, has the qualifications aforesaid, and is in their Judgement worthy of the Imployment as an attorney in Such Courts; and Particularly that he will not only Dis309countenance, but Bare hard (if need be) against the Pettyfogging Tribe in order to Suppress that Growing Evill.
2. That after Such admission, no Such Person shall be offered by the Barr as an attorney in the Superiour Court of the Province untill he has Practiced in Such some Lower Court for Some years at least, and has by his Practice given Sufficient Evidence that he answares the aforesd. Charrecter, and shows a Good Disposition to Cultivate & maintain a Good Understanding with his Brethren of the Barr, and doth what lyeth in his Power to Support and Maintain the Honr. of the Barr, against all opposers of what Denomination soever.
3. That after None be hereafter be offered to the Supr. Court to take upon them the Degree to Barristers of the Sal at Law, till they have by Some years Practice in the Supr. Court that Court Given Sufficient Evidence that they are men of the foregoing Charrecter; and that Previous to their being admitted, Notice be given to all (or as many as may be) of the Barristers in the Province, of the Desiers of Such Person to be admitted a Barrister, and that there is no objection from them, or any of them, and if there should be any objection the Same Shall be removed before their admission.
4. When any Person is offered as an attorney at In any Inferiour Court, or at the Supr. Court, or to be made a Barrister the Senior Barister Present, or the oldest attorney Present Shall in full Court in the Name of the Barr, in the most Publick manner Introduce such Person, and make a motion to the Court for his admission To which all the Attorneys and Barristers Present shall Signifie their approbation and Consent.
These Rules, (or Something Simalar to 'em,) I Am Ready to think might be Come into, and would be of use, if Reduced to Practice. But I dont pretend to Sett my selfe up as a Dictator, being Sensible that my Quallifications, (compared with others,) are very Small and therefore very Little is to be Expected from me. However what shall be tho't best at the Convention proposed, for the Purposes aforesd. I shall I hope Chearfully fall in with, and in my Sphere of Action I shall Endeavour to promote the Same. I am Sr. yr. Sincear Friend & Brother,
The Suffolk Bar called for a meeting of all barristers to consider plans for regular development and advancement within the legal profession. However, these proposals never went beyond the suggestion stage at this time (Gerard W. Gawalt, The Promise of Power: The Legal Profession in Massachusetts, 1760–1840 [Westport, Conn., 1979], 17).
I now Inclose my Book account against mr John Foster my Judgtm. and a Copy of my Note I Gave you or the Note it Self you will Release to make the most of them and not forgett to Gett mr Thacher to Certify that the Execution is Returned not Satisfyed your Care & Trouble In this Case I Shall Take Care that they are Rewarded By your Humble Sert.
December 24th I have now made oath to the Inclosed according to Direction
"Elkanh Babbets Berkley Junior
Bernice Crane of same Cordwainer
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I have received such an account of the case of Jona. Shepardson charged with killing one Benja. Hide1that I apprehend he may be admitted to bail & desire you to recognize him as principal in One hundred & fifty pounds with Sureties fifty Seventy five pounds each for his appearance at the next Assizes for the County of Bristol Yr. hum. Ser.
The Boston Gazette of Oct. 29, 1764, reported: "We hear from Attleboro,' that on Monday last one Benjamin Ide of that Place, and Simeon Washburn of Rehoboth, with a number of others, being on a Frolic in order to make one Jona. Shepardson of said Attleboro' ride Skimmington, (for Reasons needless to mention here) and he being apprized of their Design stood on his Guard; and after giving them Warning not to persist in their Attempt, which they disregarding, and just as they were seizing him he with a Skean or small Knife, stabbed three of the company, and the two men above mentioned we hear are since dead." Ide was the only one to die in this "frolic." To ride "Skimmington" is defined in the OED as "A ludicrous procession, formerly common to villages and country districts, usually intended to bring ridicule or odium upon a woman or her husband in cases where the one was unfaithful to, or ill-treated the other."
RTP defended Shepardson in the trial held in Taunton in Oct. 1765 before the Superior Court. His notes are in his Minutes of Law Cases, 1760–1774. The Boston Gazette of Oct. 14, 1765 reported "That at the same Court one Jonathan Shepardson of Attleboro, was tried for the murder of one Benjamin Ide there, near a Year ago, by stabbing him: Ide, it seems, with a considerable Numbers of others, assembled themselves together, (having before prepared a Wooden Horse) to ride poor Shepardson Skimeton, for some apprehended Misconduct with Regard to the Sex—It turned out in Evidence, that Ide and his Companions, who by the way were all black and disguis'd, so as not to be known, and look'd terribly, came up with Shepardson in his Field, surrounded him, and made an Assault upon him with Clubs or Sticks, with which they were all provided, and closing in upon him, Ide received the fatal Stab: and upon this Evidence Shephardson was acquitted. [These Schimeton Frolicks have been too frequent in many Parts of the Country; but it is to be hoped that this unhappy man's Fate of whom it may be said, that as a Fool dieth, so died he, will be a Caution to others, not to take it upon them in this lawless Manner to punish their Neighbours for any supposed or real Misbehaviour, but have them to the due Course of Law]."