Back in the days of the Tudors in England there were two kinds of courts...
Law Courts and Chancery Courts... Law Courts were primarily concerned with Affairs of the Crown and the King's/Queen's "Peace"... So Law Courts dealt with Crimes against the Crown and issues of Real Estate and Property Rights...
But the "forms of action" in these Law courts were very limited, and had to be strictly plead or the case would be dismissed...
As a result there were often "Wrongs without a Remedy"... This offended the conscience of the King But not the Strict Legal Requirements of his Law Courts...
So...
These Non~Legal matters would be handled in "Equity"
They were placed within the jurisdiction of the Older Church Courts...
The Church had jurisdiction over Church matters ...including Marriage, Minors and Trusts...
The Chancery or Church Court was headed by A Chancellor...
This Chancellor would review these special cases where "Equity" was needed for a fair result and make recommendations to the King for obtaining justice...
Law Courts always had the right to a Jury of Peers via the Magna Charta...
But Church Courts never had a right to Trial by Jury... "In Equity" there was no right to a Jury~since these cases were strictly matters of conscience and fairness~And Not matters of Law...
Divorce was a marriage issue and Marriage was always under the Church Jurisdiction...
Hence: THERE IS NO RIGHT TO A JURY IN A DIVORCE CASE...
Law Courts and Chancery Courts... Law Courts were primarily concerned with Affairs of the Crown and the King's/Queen's "Peace"... So Law Courts dealt with Crimes against the Crown and issues of Real Estate and Property Rights...
But the "forms of action" in these Law courts were very limited, and had to be strictly plead or the case would be dismissed...
As a result there were often "Wrongs without a Remedy"... This offended the conscience of the King But not the Strict Legal Requirements of his Law Courts...
So...
These Non~Legal matters would be handled in "Equity"
They were placed within the jurisdiction of the Older Church Courts...
The Church had jurisdiction over Church matters ...including Marriage, Minors and Trusts...
The Chancery or Church Court was headed by A Chancellor...
This Chancellor would review these special cases where "Equity" was needed for a fair result and make recommendations to the King for obtaining justice...
Law Courts always had the right to a Jury of Peers via the Magna Charta...
But Church Courts never had a right to Trial by Jury... "In Equity" there was no right to a Jury~since these cases were strictly matters of conscience and fairness~And Not matters of Law...
Divorce was a marriage issue and Marriage was always under the Church Jurisdiction...
Hence: THERE IS NO RIGHT TO A JURY IN A DIVORCE CASE...
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