Publisher's Synopsis
Excerpt from A Treatise on the Equitable Jurisdiction of the Courts of Pennsylvania: With Notes of Pleading and Practice in Equity and an Appendix of Practical Forms
The con?ict which, for so many centuries, has been waged between the Professors of the Common Law, and those of the Civil Law of Imperial Rome, from which our system of Equity is mainly derived has not yet ceased. It is but the other day, that one of the most eminent of Pennsylvania jurists declared, that it was no ignorant prejudice, but high political wisdom, which caused our ancestors to refuse a Court of Chancery any place among their judicial institutions.
And this prejudice, for it is nothing more, is, by the opponents of Equity, based on the supposed arbitrary principles of the Civil Law, from which it has been adapted to our own wants and habits. The two main objections which are urged against the Civil Law are, first, the celebrated political maxim of the Institutes.
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