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A51782 The sollicitor exactly and plainly declaring both as to knowledge and practice how such an undertaker ought to be qualified : as also his parts, qualities, and fitting endowments for such a weighty employment in a more special manner then hath ever seen heretofore published by any hand whatsoever : shewing further the particular of suing a person priviledged, and how the same may by course of court sue any forrainer : being truly useful for all sorts of persons who have any important business in law or equity / Manley, Thomas, 1628-1690. 1663 (1663) Wing M448; ESTC R29479 44,685 116

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perversness is not with difficulty accomplished whose folly a man may compare to the unskilfulness of some Chirurgions who in stead of healing fester a wound and in stead of mitigation make the torments more grievously dangerous whereas expert ones do with gentle Lenitives redress the malady before the Patient have any thorow sense or feeling of pain So our Sollicitor being thus guided by discretion and having his spirit awaked to all circumstances doth manage matters with a more delicate deportment and by certain premised Preparatives so disposeth the mind of the other Agent as it may be apt to receive any form which shall be imposed using the same Consideration which good Players at Tennis have who not to suffer a rest do not only stand attentive to send it to their Companion but with like heed provide to retake it by accommodating their person and expecting it in the likelyest place so he to avoid all hinderances doth not only suit his own words but also gives favourable Constructions to the speeches of the other Agent by dissembling the discontentments which might arise In brief some few other Rules for our Sollicitor's discretion may be these He must avoid sudden changes for that doth hold of violence and Nullum violentum est diuturnum Again he must settle more assurance in him that doth expect than in him who hath received a benefit for by speeding in suits men become slack waiters when hope of gaining will certainly keep them in due devotion He must also be wisely diffident and put on a judicial distrust put on I say because there is nothing less familiar and easy to honest men then to suspect warily Having thus far trained him up in the way to perfection and laid him down some few Rules to walk by come we now in the last place to shew how 5. He shall manifest the same and comment on his actions To which purpose it is necessary that he have a free and voluble tongue to utter and declare his conceits in the use whereof it is necessary that he avoid affectation and that his speech be honest comly significant expressive proper and void of all fear and effeminate terms without any dissimulation for doubtfull and ambiguous words with particular ceserves cafgues a base mind and imbecillity of spirit He must not alwayes shew himself a Scholer but sparingly and when sit occasion requires it for sometimes to use conceits of Learning as Embroideries is requisite but then it should be in an hidden manner like as Apparel doth represent the proportion but not the barrenness of our members but generally it is the greatest wisdome rather to attend others then to be an eloquent Merchant of self conceits for men expert and practised can out of another mans words deduce great consequences and take light of matters of great importance With these five Qualities so rectified as aforesaid our Sollicitor being rightly adorned he shall he able with credit to run through all the hazards and difficult nies which in his practice he shall or may meet with Object But here I meet with an Objection viz. What need is there of all this coyle and ado about a Sollicitor Do not all men know there are many Sollicitors who have much practice and great dealing that have never been bred to any of those things simple follows who had not wit or honesty enough to learn a mean Trade and in truth cannot write their own names and yet are accounted brave fellows in that business Answ To this I answe True it is and to the shame both of the Law and the Professors thereof be it spoken that will suffer such fellows by their ignorance and deceits to abuse so many as they daily do 'T is by the means of these cheating devouring Caterpillers that the honourable Professors of the Law are so often cryed out upon for bribing and taking excessive Fees and it will be no wonder hereafter if Ignoramus be revived when such a company of simple 〈◊〉 shall be admitted or suffered to usurp and therein abuse and make vile the worthy name of a Lawyer It is an abuse well worthy to be inspected by the discerning eyes of the learned Judges of the Land and some severe course to be taken for the remedy thereof whereof under favour and permission I shall make bold only of one small hint as follow Whereas now every idle fellow whose prodigality and ill husbandry hath forced him out of nis trade or employment takes upon him to be a Sollicitor and thereby not only by their multitudes and swarming in every corner they who have been at great labour expence and study either can have no practice at all or at best so little that it is not worthy their looking after and not only so but the Clyent also receives a double damage first in the tedious delay and sometimes the loss of his cause and then in the vast expence of his money whereof he can have no account for remedy whereof it would be well that it should be declared That no man should dare to undertake to be a Sollicitor either at Common Law or in Equity unless he had for five years before at least been of some of the Inns of Court or Inns of Chancery and shall be legally admitted and entred in a Roll for that purpose to be kept in the Pettybag-Office in Chancery under a certain pain and punishment and that no Clyent do entertain any other than one so qualified by which means if any abuse be offered the Court may take a Cognizance thereof and punish the same This shall suffice to have spoken in answer to that Objection I shall now proceed and shew the dury of our Sollicitor both in what he ought to do and what he ought to know But for that I shall refer you to the next and following Chapters CHAP. III. What our Sollicitor ought to know the better to enable him in his practice AS we suppose our-Sollicitor to be chiefly if not wholly concerned in matters of Equity so we shall to that purpose inform him that he must of necessity be knowing in Courts of Equity whereof the Chancery in this Kingdome being indeed the chief and only lawfull Court if so be that he be truly instructed therein it will be sufficient to guide him in all the rest Therefore In this Court the Lord Chancellor of England is the chief Judg who in case of sickness infirmity or other extraordinary business may depute one of the Judges to sit in his place at any time but in the Terms the Master of the Rolls is equall with him and sitteth at Westminster-Hall in the mornings and three dayes in every week during the continuance of the Terms sitteth alone assisted by two Masters of the Chancery in the Chappel of the Rolls and these in their several places in manner aforesaid do make Orders and Decrees The subordinate Officers of this Court are many The twelve Masters in ordinary which are Assistants both to