Angel Clare’s father, Reverend Clare, is low church. This means his faith is very Protestant in nature, which emphasises plainness, simplicity and the word of God as found in the Bible. One is able to tell they are a ‘low church’ family by their plain clothes and furnishings and by the father’s aversion to alcohol. One of the outcomes of this version of Christianity is that the words of the Bible are likelier to be taken literally, including those of the Old Testament.
When Angel Clare discovers that Tess had been raped, he says of the rapist that he is her ‘natural husband’. Even for a Victorian, there is something unexpected in this cruel remark, knowing as he does that she did not make a sexual union with Alec D’Urberville of her own choice. However, there is Biblical precedent in Deuteronomy for his remarks, one of the books of the pentateuch (which together make the Mosaic law):
25 “But if a man finds a betrothed young woman in the countryside, and the man forces her and lies with her, then only the man who lay with her shall die. 26 But you shall do nothing to the young woman; there is in the young woman no sin deserving of death, for just as when a man rises against his neighbor and kills him, even so is this matter. 27 For he found her in the countryside, and the betrothed young woman cried out, but there was no one to save her.
28 “If a man finds a young woman who is a virgin, who is not betrothed, and he seizes her and lies with her, and they are found out, 29 then the man who lay with her shall give to the young woman’s father fifty shekels of silver, and she shall be his wife because he has humbled her; he shall not be permitted to divorce her all his days.
The actions of the novel fall between these two instances: Tess is not betrothed when she is raped, but she does get raped in a forest. Verses 25, 26 and 27 concern themselves with blame, laying it at the rapist’s door because the secluded location made the betrothed virgin defenceless: Alec is to blame.
Verses 28 and 29 do something rather different. If women be conceived of as chattels (and the tenth commandment makes clear that they are) then part of the rapist’s crime is the destruction of another man’s contract, as his betrothed is now of no value. This carries the death penalty. However, if the virgin be not betrothed already, then no contract has been violated and no penalty of death is warranted. The law appears still to recognise the rape as a violation of another man’s property – her father’s – but this violation may be redeemed financially and by the rapist taking such a contract upon himself.
This appears to be where Angel locates the idea of Tess now being ‘naturally’ married to her rapist. That she was raped in the forest allows him to accept she is blameless, but the fact that she was not affianced at the time of the rape means that, no contract having been broken in the rape, a de facto contract must now exist between Tess and the first man to have sex with her. Tess’ failure to divulge these things to Angel before they married therefore, according to his understanding of things, represents a grotesque violation of God’s law on many levels and is the mark of ‘degeneracy’ he thinks he sees in her.