Lenocinium, It is a competent exception against divorce, if the husband commit indecencies towards his wife, tending to corrupt her morals; although he do not expose her to prostitution for gain.
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Colin Mackenzie, Chamberlain of the Lewis, pursuing a divorce against his wife, after leading the proof before the Commissaries, a defence was offered of lenocinium on the part of the husband, and a condescendence given in of gross indecencies committed by him towards his wife, before company, of his maltreating her, and then leaving her in company with men of low rank and rude dispositions, and of his bidding his servants, and inviting other people, to ly with her: And it was urged, all this behaviour was intended to corrupt, her morals, that, he might thereby obtain, an occasion to get quit of her.
The Commissaries allowed a proof of the condescendence. A bill of advocation was offered and refused.
Pleaded, in a reclaiming petition, The proof ought not to be allowed, because nociny is only where the husband exposes his wife for gain. 2do, It was not alleged he exposed her to any of the persons with whom she committed the adulteries libelled, or which he alleged were proven. And 3tio, The acts condescended on, if true, appeared to have been done out of indiscretion, and the invitations made only in jest.
Answered, The man who prostitutes his wife, is unworthy of the vindication of the law, whether he do it from gain, or from any other motive; and this is the opinion of Sir George Mackenzie, title Adultery; and was found, February 1692, Lauder against his wife;* and he who once does this, and thereby vitiates her mind, ought to be repelled from getting free of her ever after.
The practices condescended on could be intended for no other purpose than by familiarising her with lewdness, to expose her to actual adultery; and therefore ought to be looked on as lenociny.
The Lords refused the bill.
Act. Ferguson.Alt. R. Pringle.Clerk, Forbes.
Fol. Dic. v. 3. p. 19. D. Falconer, v. 1. p. 88.
