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The History of Divorce in Scotland 41
them in the same position as England occupied before the Divorce
Act of 1857.
In Scotland, there is no widespread demand for any substantial
change in the divorce laws, although there is much opinion in
favour of certain minor alterations, and some opinion that the
grounds of divorce should be extended, so as to include some or
all of the following, namely, (i) habitual cruelty, (2) habitual
drunkenness, (3) incurable lunacy, and (4) habitual crime, in addition
to the grounds already existing, namely, adultery and
desertion. It will be observed that in three of these additional
cases, as in the cases of adultery and desertion, there is grave
moral fault ; lunacy often is, but may not be, due to personal
wrong-doing.
In England, the Royal Commission, appointed in 1909, is now
sitting, under the presidency of Lord Gorell, to consider the
whole subject of the law and practice in matrimonial causes in
England. While, however, the terms of the Commission are
general, four main questions appear to be involved, first, as in
Scotland, should men and women, in matrimonial causes, be put
on a
position of ? equality second^ as in Scotland, should the
remedy of divorce be made available to the poor,
and how can
this be done ? third, as in Scotland, should desertion be made a
ground for divorce, in addition to adultery, and, besides adultery
and desertion, should divorce be obtainable for all or any of the
four other causes above mentioned ? and fourth, should news-
papers be allowed, as at present,
to publish the prurient details
of divorce cases, or should publication by them be limited to a
statement of the names of the parties, the nature of the offence
a member
charged, and the judgment of the Court ? Being
of that Commission, I shall, of course, confine myself in this
paper to admitted facts, and state no opinions as to what course
ought to be recommended by the Commission, or adopted by the
country, in regard to any
of these debatable and much debated
questions.
Manifestly the conditions of the life of the people in Scotland
are nearer those in
country. Therefore
England than
it is natural
the conditions in any other
that importance should be
attached to evidence of the actual working in Scotland of laws,
which are now proposed by some to be enacted for England.
Have equality of the sexes, access of the poor to the Divorce
Court, and an additional ground for divorce, namely, desertion,
produced the rush to the Divorce Court, and the deteriorated