Thomas Hardy wrote about the harsh actual realities of life in rural Wessex, and the text implies he knew very well that what Tess suggested was probably illegal at the time, but it happened anyway. As it did in Worsthorne, where one of my great-uncles seems to have married his his late brother's wife in 1898. Such a pity Hardy's books are not the sort you like to read, you are missing so much. They knock spots off the tv adaptations. Just give "The Mayor of Casterbridge" a try - a man selling his wife in a pub was doubtless illegal too ..............
As for Tess, here's the original text , with the implied knowledge
"Angel, if anything happens to me, will you watch over 'Liza-Lu for my sake? .....- I wish you would marry her if you lose me, as you will do shortly. O if you would!" "If I lose you, I lose all! And she is my sister-in-law." "That's nothing, dearest. People marry sister-laws (sic) continually about Marlott; and 'Liza-Lu is so gentle and sweet ..... I could share you with her willingly when we are spirits"
By the way, is it now legal for a man to marry his widow's sister? (Sorry)
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