You can download this volume here - Electric Scotland

52 The History of Divorce in Scotland
I close with a reference to the Scots system under which, not
merely in divorce cases, but in all civil suits, those who are
unable to bring actions at their own charges, can obtain justice
without expense, except the cost of witnesses, provided only they
can present a prima facie case. Counsel and agents are provided
for them, and no Court fees or reporters' fees are
charged. This
system has no real parallel in England, and largely owing to the
want of it, or of some equivalent, the Divorce Act of 1857 (which
was passed to enable all persons to obtain divorce who could not
afford the large expense involved, even in an unopposed case, in
obtaining an Act of Parliament) has proved a dead letter, so far as
the poor, or even a class who could scarcely be called poor, are
concerned.
Among the old Scots statutes, or, for that matter, the statutes
of any country or period, there are none showing a stronger sense
of justice than the Act of James the First of Scotland, passed in
1424, four hundred and eighty-six years ago, which originated
the present system in favour of poor litigants. Modernizing
the spelling, it runs thus :
* If there be any poor creature, for
fault of cunning, or expenses, that cannot nor may not follow
his cause, the King, for the love of God, shall ordain the Judge,
before whom the cause shall be determined, to purvey and get
a leal and wise advocate to follow such poor creature's causes ;
and, if such causes be obtained, the wronger shall assythe both
the party skaithed and the advocate's costs and travail.'
CHARLES J. GUTHRIE.