ABSTRACT
In 1849–50, James Wortley introduced private member's bills to legalise marriage with a deceased wife's sister (MDWS) throughout the United Kingdom. The bills united the Presbyterian churches in a way few issues had done since the Disruption and brought to the fore the issue of Scottish national and cultural identity. Although marriage practices for a Scottish constituency at the time of the 1847–8 commissions, James Wortley had experience of public service in England and a long-standing interest in English legal practices. Protestant opposition occurred at a time when marriage law in Scotland–and, in particular, irregular marriage practices–was being put under the microscope. Some political and religious representatives claimed 'that Scotland was entirely neutral' on the issue, others that 'there was never a measure so strongly supported by the House of Commons which found so little favour with the community'. The MDWS controversy was fought in the public domain.
