That is the first reason why it will be necessary to submit here and there the statements to some discussion. But there is another reason. Being concerned with the problem of the individual family and individual relationship, we must keep in mind that although the sexual aspect of family life is very important, nevertheless, it is only one side of the picture, and that to outline this picture correctly, we may not exaggerate one side of it. Now, by a quite illegitimate silent assumption, the sexual features are often treated as the most important—in some cases as the exclusive factors of marriage. But marriage, as we saw and shall have the opportunity to see still more clearly, is rooted in all the manifold facts that constitute the family life: mode of living, economics of the household, and above all the relation of the parents to their children. Unless it is proved, therefore, that the unity of family life and the individuality of the family break down on all these points, no general inference as to group marriage can be drawn from the mere facts of sexual communism. In other words, sexual licence is nothing like group marriage. How far we have the right to infer the actual existence of group marriage (ergo group family) from sexual facts in Australia, must therefore be discussed now, while we are concerned with the sexual aspect of the Australian family.
I wish to make it quite clear that any discussion upon our evidence will be carried out merely with the aim of getting a clear picture of the actual state of things. It is not our task to polemize with the general theories as to the previous state of things, origin of family, etc., set forth by our authors. For a criticism of Howitt's, and Spencer and Gillen's speculations on the origin of marriage, the reader may be referred to the excellent chapter in Mr. Thomas's work. This criticism seems to me to leave no doubts that the general views expounded by the ethnographers mentioned above are hardly founded on any of the Australian facts. These views are mere hypotheses, drawn theoretically from facts. Personal knowledge of these latter could hardly have enabled the ethnologists to theorize more correctly on them. From Mr. Thomas's criticism it results also, that it is no exaggeration to say that the continual application of these hypotheses to the actual state of things considerably obscures the clearness and value of their evidence. It is necessary to add, nevertheless, that Howitt especially always gives very first-rate information concerning family life, the institution of marriage, etc.; and, according to my view, his theories are contradicted by the excellent and admirably rich information he himself gives on social matters. If we can seldom agree with him as speculative sociologist, we always admire him in his ethnographic research.
The following statements are intended to give an account of all the features of sexual life in Australia, especially as far as they bear upon family life. We shall, therefore, in the first place pay attention to the way in which sexual intercourse is limited and determined by marriage. Are the marital relations the exclusive right and privilege of the husband? Or has he only a certain over-right, modified by some other factors (which we must endeavour to determine). Or is there (at least in some tribes) really a sort of group marriage (using the word "marriage" to designate mainly the sexual side of it)? In the second place we must also pay some attention to the more general questions of chastity, licence before marriage, and so on. And finally, the features of the interesting and important forms of ceremonial and regulated licence must be traced more in detail.
Statements.—Amongst the Kurnai "the husband expected strict fidelity from his wife, but he did not admit any reciprocal obligation on his part towards her."[231] ... "The expected fidelity towards the husband was enforced by severe penalties. In cases of elopement her life was in his hands.... Each man not only expected his wife to be faithful to himself, but he, on his part, never lent her to a friend or to a guest."[232] In another place,[233] Howitt says, about the same tribe, that sometimes wives were exchanged "by order of the old men" to avert some impending danger to the tribe. We see that with these rare exceptions, the husband had quite exclusive sexual rights over a woman. Even the general practice of wife-lending seems to have been entirely absent. Now, as Howitt is a strong adherent of the theory of group marriage, we may accept his statements asserting individuality of "marriage" as especially trustworthy.
Amongst the Murring[234] "the only occurrence of licence is when a visitor from a distance is provided with a temporary wife by the hosts.... In cases of elopement, when the woman is captured, she becomes for a time the common property of the pursuers. With these exceptions, marriage seems to me strictly individual."[235] (We see that here again Howitt speaks of individual marriage where there are only, in fact, individual sexual rights.) The only exceptions were here, wife-lending to visitors and the characteristic form of punishment.
Curr says:[236] "Amongst Australians there is no community of women. The husband is the absolute owner of his wife (or wives)." He is very jealous and "usually assumes that his wife has been unfaithful to him, whenever there has been an opportunity for criminality; hence the laws with respect to women are very stringent." A woman is completely isolated.[237] The husband will, nevertheless, often "prostitute his wife to his brothers" or visitors.[238] Here we see the same: the man can dispose of his wife (the term prostitute is here probably used rather in rhetoric sense, for it does not seem that the man would receive any direct contribution for wife-lending); but he is very jealous in all cases where anything might happen behind his back.
On the West Victorian aborigines Dawson writes[239] that illegitimate children were rare, and the mother was severely beaten, sometimes even put to death, by the relatives. "The father of the child is also punished with the greatest severity and occasionally killed." The woman's relatives do not even accept his presents as expiation. "Exchange[240] of wives is permitted only after the death of their parents and, of course, with the consent of the chiefs, but is not allowed if either of the women has children." What is said about illegitimate children, would point to sexual morality before marriage. But we can hardly conceive how in a society, where females are handed over to their husbands, often before, and at the latest at reaching puberty, there could be illegitimate children at all. The whole statement is not clear.
Beveridge[241] says of the aborigines of Victoria and Riverina: "Chastity is quite unknown amongst them." "In their sexual intercourse ... they are not in the least bit particular, consequently incest of every grade is continually being perpetrated."[242]
"Among the Wotjobaluk it was not usual for men to have more than one wife, and they were very strict in requiring fidelity from her, and did not lend a wife to a friend or to a visitor from a distance." Death was the punishment for both the wife and her accomplice in case of adultery.[243] According to this statement not only fidelity is required in this tribe, but even chastity is known as a virtue. This seems rather exaggerated, and as it is given only by a correspondent of Howitt, we shall not attach to it too much weight. Nevertheless, this, in agreement with all our other statements on Victoria, shows that the standard of sexual morality could not be very low there, as we might infer from the foregoing statement.
"Marriage is not looked upon as any pledge of chastity, indeed, no such virtue is recognized." And in a Latin footnote the author enumerates the proofs: promiscuity of unmarried people; wife-lending and exchange; general ceremonial licence.[244] But the Adelaide tribes were much degenerated, and possibly some customs relate to the Lake Eyre tribes, with whom the author was also acquainted.
J. Moore Davis[245] speaks in a Latin passage of the licence at corroborees and of the rights of access enjoyed by old men at the initiation of the girls. The statement is not localized.
Among the Narrinyeri, youths during initiation are allowed unrestricted sexual licence.[246]
In the Turra tribe: "Women were bound to be faithful to their husbands, also the husbands to their wives. Whoever was guilty of unfaithfulness was liable to be punished by death at the hands of the class of the offender."[247] This statement is very clear; but if it is equally correct it reports quite an exceptional state of things.
Schürmann writes about the Port Lincoln tribes: "Although the men are capable of fierce jealousy, if their wives transgress unknown to them, yet they frequently send them out to other parties, or exchange with a friend for a night; and as for near relatives, such as brothers, it may almost be said that they have their wives in common."[248] But does this community of wives refer merely to sexual matters? It is probably so, as the author mentions it in connection with the general description of this side of aboriginal life.
C. Wilhelmi writes about the same tribes: "Although the men are apt to become passionately jealous if they detect their wives transgressing without their consent, yet of their own accord they offer them and send them to other men, or make an exchange for a night with some one of their friends. Of relatives, brothers in particular, it may be said that they possess their wives jointly."[249] This statement and the foregoing can hardly be looked upon as independent; for Wilhelmi knew the missionary Schürmann personally, and had from him a good deal of his information; the two statements are almost literally identical.
Amongst the Yerkla Mining tribes: "A wife is bound to be faithful to her husband." She is severely punished; if successively guilty, killed.[250] Women are lent, but very seldom.[251]
A. L. P. Cameron reports some cases of sexual licence among the Darling River tribes. They used to exchange wives "either at some grand assembly of the tribe, or in order to avert some threatened calamity." But the author adds, "This custom is, I think, rare at present."[252] At any rate, we may bracket this statement with that of Howitt, who also speaks of wife exchange, in order to avert impending calamity.
Charles Wilkes writes, that jealousy is very strongly developed among the New South Wales blacks. From it originate occasional quarrels, and the women suffer especially from jealousy and suspicions. There are also regulated fights and ordeals in order to settle quarrels and enmities ensuing from sexual matters.[253]
Tench mentions the sexual licence of unmarried girls among the Port Jackson tribes.[254]
We read about the natives of Botany Bay, that the men were very jealous.[255]
Turnbull says, that quarrels arise usually from jealousy in sexual matters. The affair usually becomes more general and involves the whole tribe.[256]
Amongst the Geawe Gal there were probably occasions on which "promiscuous intercourse (subject to the class rules) took place."[257]
Amongst the Kamilaroi "the punishment for adultery was, that when a woman was taramu, that is, shifty, wanton, adulterous, the husband complained to his kindred, who carried the matter before the headman, and if the charge was found to be true, her punishment was to be taken without the camp and to be handed over to all comers for that night, and her cries were not heeded."[258] Women were lent to friends, visitors, but with their own consent.[259] This statement confirms again the majority of those relating to the South-east tribes. The husband did not tolerate any trespass in these matters; and the community intervened. On the other hand, he had (with her consent) the right to dispose of her.
Amongst the Euahlayi: "There are two codes of morals, one for men and one for women. Old Testament morality for men, New Testament for women."[260] This applies, probably, chiefly to sexual matters, for we read in another place,[261] "Unchaste men were punished terribly.... The death penalty for wantonness was enforced." Also a girl "found guilty of frailty" is severely punished by her relatives.[262] An "absolute wanton" is ignominiously treated, the result being almost inevitably death.[263] This statement is incomplete, as we are not told if adultery and wantonness are punished only when they are perpetrated without knowledge of the husband; in other words, we are not informed if the widespread custom of wife-lending was absent or not among the Euahlayi.
Amongst the Dieri there was besides the regular Tippa Malku marriage, the occasional Pirrauru relation. The sexual intercourse of the latter was confined to some festival or to the case when the Tippa Malku husband was absent. The number of Pirraurus of each man was limited, and they were strictly assigned to each other. There was sexual jealousy amongst the Pirraurus. The husband had, apparently, the right to decline the use of his wife to any Pirrauru. The Pirrauru relation will be discussed more in detail below. The custom of wife-lending is prevalent: "continually their wives are lent for prostitution, the husband receiving presents."[264] It may be noted, that this is the only place where wife-lending is stated to take this form. Besides, we are informed by Howitt that the unmarried girls and widows were allowed a considerable amount of sexual freedom, this custom being called Ngura-mundu.[265]
The Urabunna, living in the neighbourhood of the Dieri, had an institution analogous to the Pirrauru custom. Besides his Nupa or individual wives, of whom he might possess one or two, who were "specially attached to him and lived with him in his own camp," he could have several Piraungarus to whom he had "access under certain conditions."[266] (But we are not informed what these conditions are; we may infer, however, that they are analogous to those existing among the Dieri, which we know in detail: see below.) Our authors inform us further that the Piraungarus "are to be found living grouped together."[267] We shall discuss below this Piraungaru relation more in detail.
Amongst the Arunta nation, there are different occasions on which men besides the husband have sexual access to the woman. There are the customs at the "initiation" of the girls.[268] And there are many cases in which the husband is compelled by custom to waive his rights on behalf of some one else; such instances generally happen in connection with ceremonial gatherings.[269] It is important to note that on these occasions men have access to women with whom it would be most criminal for them to have intercourse under normal conditions; and a man may cohabit even with his mother-in-law, from whom he is under normal conditions absolutely isolated.[270]
The ceremonies of initiation of girls in Central Australia, and sexual promiscuity connected with them, are also mentioned by W. H. Willshire. Women after initiation are sexually "at the mercy of all who may get hold of them."[271] The same author mentions also the sexual "immorality" of the natives in question.[272] This raw statement, although inadequately formulated, corroborates Spencer and Gillen's exact data.
Analogously in the Northern tribes there are several exceptions from the individuality of sexual relations. The man may lend his wife to his friends or to people whose favour he wishes to gain. There are customs at the initiation of girls, when several men, standing to the girl in a certain group (tribal) relationship, have access to her. In the third place there is the sexual licence connected with certain ceremonies, when men are obliged to cede their wives to some of their tribesmen.[273] And we read the description of the most horrid atrocities which men inflict as punishments upon their unfaithful wives.[274] We read in the same place that the charming away of women by magic was one of the chief sources of fights and quarrels. About sexual jealousy in the Central and Northern tribes, we read: "Now and again if a husband thinks that his wife has been unfaithful to him, she will certainly meet with exceedingly cruel treatment."[275]
We are informed about the existence of the practice of exchange of wives among the Northern tribes (Port Darwin, Powell's Creek) in the answers to Prof. Frazer's "Questions."[276]
J. D. Lang says about the aborigines of Queensland, that the "conjugal relations are maintained with great decency." But he mentions the custom of wife-lending.[277]
Amongst the Maryborough tribes, sexual licence is allowed before marriage and there is a camp of unmarried girls.[278] Many, however, "remain perfectly virtuous until their promised husband fetches them."[279] Women who were wanton after their marriage "are looked down upon as the prostitutes of the tribe, and are lent to visitors as temporary wives."[280] Here chastity seems to be not so strongly required. But the statement is somewhat odd as regards the camp of unmarried girls.
Amongst the Kabi and Wakka tribes (Queensland, near Maryborough), there are cases where the "seniors of the camp" have some rights over a woman. In general none but the husband had any matrimonial "rights over the wife, and the jealousy made him take good care she was not interfered with, unless he was a consenting party."[281] Here we have again the characteristic feature: the husband had exclusive sexual rights over his wife; but he might dispose of her, and used to do so.
Amongst the North-west Central Queensland aborigines[282] there is a certain licence before marriage "unless they should happen to be betrothed"; in that case the husband does not like it. "Morality in its broadest sense is recognized a virtue." And in another place we are informed that "if an aboriginal requires a woman temporarily, he either borrows a wife from her husband for a night or two in exchange for boomerangs, a shield, food, etc., or else violates the female when unprotected, when away from the camp, out in the bush." In the latter case, if the woman is unmarried "no one troubles himself about the matter." If married, a quarrel would ensue if the husband came to know anything.[283] Roth gives also an account of the initiation ceremonies, in which females, arrived at puberty, are ceremonially deflorated by old men. It is important to note that the exogamous class rule is disregarded on such occasions, when several men of forbidden degrees have access to the woman, but blood relations are strictly excluded. A girl acquires a new designation, corresponding to the new age grade; she becomes marriageable and enters altogether into a new status.[284]
Among the natives of Cape York the unmarried girls are allowed to have free intercourse, but a female once married is required to be absolutely faithful to her husband, and this requirement is enforced by severe punishments.[285]
Amongst the tribes of West Australia: "The crime of adultery is punished severely—often by death."[286] Grey speaks also of the "stern and vigilant jealousy."[287] "... the bare suspicion of infidelity upon their part is enough to ensure to them the most cruel and brutal treatment."[288] But he mentions also the continuous rows and plots that issue round a beautiful woman,[289] who knows sometimes how to evade the precautions of her husband. Grey speaks emphatically of the "horror of incest."[290] Fidelity seems, therefore, to be severely enforced in these tribes. Grey says nothing about wife-lending. Chastity does not seem to have obtained there, nevertheless.
We read in Oldfield, about the West Australian tribes, that there was an "initiation" ceremony before a female was considered fit for marriage; in it "all the males of the tribe" partook. Women sometimes betray their husbands.[291]
Mrs. D. M. Bates reports, that among the tribes of West Australia she had under observation, there exists a "certain tribal morality" and "bad or loose living women (according to their ideas) occupied much the same status in a certain degree as our unfortunate sisters do amongst us." There were even contemptuous names for women of bad conduct.[292] Unfortunately, this statement says absolutely nothing of what would be the most interesting thing to know, viz. the ideas of the natives about sexual matters, in other words, the code of the "tribal morality." Here, besides the fidelity which was strictly required, a complete chastity is affirmed. On the whole it seems to agree roughly with Grey's and Salvado's statements; he also does not mention any regulated licence. As our information on West Australia is so scanty, we can hardly decide whether sex morality stands there much higher than in the Central and North-eastern peoples; but as we have reason to regard both the information of Grey and of Salvado as trustworthy and accurate, we may assume that this difference actually existed.
Similarly Bishop Salvado speaks of the great jealousy of the natives of South-west Australia and of their morality. "Le sauvage ne pardonne jamais l'insulte faite à la pudeur des femmes qui lui appartiennent; c'est un outrage qui se paye cher et le plus souvent par la mort."[293] "... je n'ai jamais observé autour de nous un seul acte tant que ce soit peu indécent ou déshonnête parmi eux ... au contraire j'ai trouvé les mœurs louable au plus haut point."[294]
Scott Nind informs us about the natives of King George's Sound, that "infidelity is by no means uncommon. The husband keeps a jealous eye on his wife, and on the least excuse for suspicion she is severely punished."[295]
In reviewing this material, the first thing to be noted is a considerable geographical variety of custom and law in sexual matters. There are clear and radical differences between the South-eastern tribes, the South Central, North Central, and Northern Queensland tribes. The views on sexual morality apparently differ as much as the actual practices. Whereas in Victoria, South-eastern New South Wales, and the Southern territory of South Australia there are no traces of regulated licence, or at least not in a very conspicuous form—in the South Central tribes the features of Pirrauru relations; in the Central and North Central different forms of ceremonial licence are highly developed, and play an important part in tribal life. In Queensland there does not seem to exist such a very strict sexual morality, as far as we can gather from our statements. Our five statements from West Australia do not give a very clear picture. Undoubtedly these geographical differences, as here indicated, must be conceived as merely rough approximations. There are too many contradictions between the statements concerning the South-eastern area; the data as to Queensland and West Australia are too few and vague to allow anything beyond mere generalities. But broadly, as is indicated above, these local differences undoubtedly exist.
Besides the data contained in the statements there is, to confirm this view, the opinion of A. W. Howitt. In his article on the tribal and social organization in Australia, this writer directly points out the radical differences existing between the South Central and the South-eastern tribes in sexual matters; and as he knew from personal acquaintance or from reliable informants the whole area, we may consider this geographical difference as thoroughly established.[296]
Let us now draw some general conclusions from the evidence. The points selected at the outset for special attention were: first, the problem of the rights, privileges, and restrictions of the husband in sexual matters; second, the question how is chastity in general, considered and valued? third, a survey of the cases of ceremonial or regulated licence.
1. The first question may be broadly answered by saying that the husband had in general a definite sexual "over-right" over his wife, which secured to him the privilege of disposing of his wife, or at least of exercising a certain control over her conduct in sexual matters. In some cases this over-right amounted to quite an exclusive right, which even in some exceptional tribes was never waived. We read of cases where the husband was not only never compelled by custom, or any other social force, to dispose of his wife, but apparently never did it on his own impulse. In these cases we may say that the absolute faithfulness of a married woman was enforced, and that her chastity was recognized as a virtue. (Wotjobaluk, Turra, and the South-western tribes according to Salvado.) Besides there are several other statements, from which it appears that the sexual rights of the husband were nearly exclusive, and that he was not inclined to waive these rights in order to derive therefrom any personal profit. So among the Kurnai there was no wife-lending nor any other similar custom, and wives were exchanged only in quite exceptional cases in order to avert impending evil. The same is asserted in Cameron's statement. Among the Yerkla Mining women are but seldom lent. Mrs. Parker writes that wantonness was considered a crime among the Euahlayi, and nearly the same has been said by Mrs. Bates about the West Australians. Roth speaks of morality in a broad sense. Grey and Macgillivray write that women were expected to be strictly faithful to their husbands. But in these two last cases we do not know whether lending or exchange of wives was entirely absent, or is only not mentioned by the authors. All the statements which affirm strict and vigilant jealousy, without further analysis, leave the question open as to whether the husband ever allowed adultery to his wife, or whether he punished it only when perpetrated without his consent. But interpreting these statements according to the other more detailed ones, it may be said that in general, such exclusiveness of marital rights and appreciation of chastity seem rather to be an exception; and some caution must be used in accepting the above-mentioned cases of absolute faithfulness and chastity required from married women. As a rule, even where there is not regulated licence, wife lending and exchange, hospitality, etc., seem to be more or less practised.
In the majority of statements these customs are found in one form or the other; in these cases we cannot speak of an absolute fidelity or exclusive individual sexual right of the husband. We read in fifteen of our thirty-eight statements of the customs of wife-lending or exchange; and in twelve some form of sexual licence is mentioned. But in all these cases, where the woman is given away, this is done with the consent and generally on the initiative of her husband, who in the majority of cases derived some benefit from the transaction.[297] Exchange of wives obviously implies an advantage to the husbands. The same must be assumed in the case of hospitality and wife-lending when the courtesy of the husband presupposes a reward in one form or another. In the case of ceremonial licence as related by Spencer and Gillen, wife-lending is always a kind of retribution for religious services. Payment of this nature occurs also for other services, and may be used as bribery towards an avenging party.[298] The husband always disposes of his wife, who is never allowed to take the first step in this matter, and it is consequently he who benefits from her conduct. This conduct does not seem punishable or wrong in any sense to the native mind. Quite otherwise is it with the woman who trespasses without the sanction of custom or without her husband's approval. In all such cases she is considered culpable and more or less severely punished. This is directly stated by Shürmann and Wilhelmi, and appears in nearly all the other statements.
The punishment dealt out in cases of elopement was discussed above in connection with the mode of obtaining wives. We saw that as a rule the punishment is severe. Sometimes the kindred of the offended party (i. e. the husband) help him to punish the offender; sometimes the whole local group takes his side. Several of our statements assert that in cases of elopement, the woman when caught becomes the common property of all her pursuers, and that afterwards she has to undergo severe punishment (Kurnai, Murray tribes). In some statements we read that adultery is punished with death (Wotjobaluk, Turra, Kamilaroi, Euahlayi, South-western tribes); in others, that the punishment for adultery or even a suspicion of it is very cruel (Curr, Spencer and Gillen, J. Mathew, Grey). It appears, therefore, that the husband is very careful about maintaining his over-right over the sexual life of his spouse. He very often has to submit to some customary practices, and often subordinates his wife to some private aim; but he must always give the initiative, or at least have the sexual life of his wife under his control.