http://www.archive.

org/stream/cu31924084259872#page/n26/mode/1up
§ 1. The Civil Law: Its Development.— The system of jurisprudence called
Equity was originally largely derived from the civil law of the Romans ; and its

early development in England was similar analogous

to the development of an
system in the jurisprudence of Rome. Therefore, in endeavoring to trace the
origin of the Chancery Court, it may be well to notice, briefly, the development
of the civil law.
The early laws of Rome, like the old common law of England, were exceedingly
stern, rigid, formal and arbitrary, paying little attention to abstract right
and justice. 1 Their judicial proceedings were technical to the last degree.
Absolute accuracy was required in complying with the established phrases and
actsin the enforcement of civil rights . Any omission, or mistake, of a word or
a movement was fatal. 2 As civilization, however, progressed in Rome, subtle
technicalities gave way to simpler methods of pleading ; but even then it was
found that cases occasionally arose to which the improved formulas were inadequate.
These extraordinary cases were decided by the praetor without being
referred to the ordinary tribunal, and without being hampered by any technical
requirements as to the proper formula, or kind of action, he himself determining
both the law and the facts of the case.1 The complainant stated the facts of his
case, the defendant set up his defense, the praetor decided. This extraordinary
method of determining suits, so simple, so free from technicalities, so easily
moulded to the exigencies of every case, was found so superior to even the improved
formulas, that eventually it superseded them, and became the only
mode of procedure,—much as, in many of the States and in England, the procedure
by bill and answer has supplanted the rigid formulas of common law
actions.3 Not only were the pleadings thus simplified by the Roman jurists,
but the law was correspondingly improved; and a deliberate and persistent
effort was made to bring their jurisprudence into perfect harmony with an
absolutely impartial equity, that should do equal and perfect justice to all. 4 And,
thus, was perfected that system of jurisprudence known as the civil law, from
which are derived many of the maxims, principles and doctrines of Equity, now
followed and enforced in the Chancery Courts. 5

My comments:
I want my BENEFICIAL RIGHTS ENFORCED. THIS SECTION TALKS ABOUT CIVIL
RIGHTS TO THE OMISSION OF BENEFICIAL RIGHTS. SECTION 57 TALKS ABOUT THE
BENEFICIAL RIGHTS BEING RECOGNIZED ONLY IN A COURT OF EQUITY!