[22] Chiefs are reported by Taplin (Woods, p. 32); J. Dawson, pp. 5 sqq. But these statements, especially the latter, seem subject to doubt. Compare Curr, A.R., i. pp. 55 and 58. Howitt and his correspondents report chiefs among the Dieri, Tongaranka, Wiimbaio, Theddora, Yuin, Wiradjuri, Gurnditch Mara, Kulin, etc., Nat. Tr., pp. 297-320. Compare also Waitz Gerland, p. 790. But the term "Chief" appears somewhat vague; probably it is usually applied to influential individuals, whose importance is due to their personal qualities and not to their social position. The influence of old men, magicians and "doctors," is almost universally reported, and the council made up of them seems to wield the real power in the tribe. Compare Howitt, Nat. Tr., pp. 320-326, for some of the above references.
[23] See Wheeler, p. 122, where it is said that offences like murder by magic, breaches of the marriage regulations, and the revealing of ceremonial secrets are dealt with by the elders and headmen. The legislative powers of old and influential men is mentioned: Howitt, Nat. Tr., pp. 89 sqq. (new norms introduced by individuals under alleged supernatural command or vision). Spencer and Gillen, Nat. Tr., pp. 12 sqq. (important changes in custom, law, organization by individual initiative), idem, Nat. Tr., p. 324. Nor. Tr., pp. 26 sqq. (a kind of tribunal formed by old and influential men). Spencer and Gillen, Nat. Tr., p. 477 (old men in council assembled decide); p. 490 (Atninga, avenging party, despatched by old men, whenever vengeance is to be taken); pp. 491 (old men discuss and settle matters with an Atninga party). Howitt, Nat. Tr., pp. 297, 298 (Council of Pinnaru described); pp. 320 sqq. (deliberating in all important matters).
[24] For the methods of carrying out justice, i. e. for the executive organs, see Wheeler, pp. 131-139, where the "authorized agents" (avenging parties, etc.), regulated fights, expiatory ordeals and blood revenge, methods which, as different forms of carrying out justice, are more or less executions of a sentence and have the character of legal proceedings.
See also under the heading "Executive power of tribal councils of old men," in Howitt's Nat. Tr., chap. vi. pp. 295 sqq.—The Pinya party of the Dieri tribe. Ibid., pp. 297, 321 and 326.—An atonement of the offence by barter, p. 329. Direct action of magicians, ibid. p. 343. Compare also the Kurdaitcha, Illapurinja, and Atninga parties of the Arunta. Spencer and Gillen, Nat. Tr., chap. xiii. p. 475. All these parties are more or less under the control of the tribal council of old men.
[25] Compare Spencer and Gillen, Nat. Tr., p. 554: "... a man's right to woman secured by means" of magic "is supported by the men of his own local group." Compare also the description of this method of charming away a woman in Proc. R. Geogr. Soc. S. Australia, vol. iv. p. 26, by F. Gillen.
[26] So e. g. there could be placed in the first category different kinds of food taboos. In the Arunta, food procured or handled by certain relatives may not be eaten by a man; nor may be eaten any food in their immediate presence. Such food would disagree with the man. Spencer and Gillen, Nat. Tr., p. 469.—If certain food taboos were transgressed during initiation by the boys, their wounds would inflame. Ibid. p. 470.—Certain taboos must be observed during pregnancy both by the woman and her husband; if they were transgressed the sickness of the woman would be worse and the man would lose his skill in hunting. Ibid. p. 471.—Compare also Mitchell, ii. p. 29, and Wilhelmi, p. 176. If the man should transgress the mother-in-law taboo, his hair would prematurely grow grey, or he would soon become bald. This belief is very widespread. Howitt, Nat. Tr., p. 296. D. Mathews, p. 49. Mrs. Bates, p. 50. Compare also Waitz Gerland, p. 795, where different norms, enforced by supernatural punishment, are mentioned, and also MacGillivray, ii. 10, Eyre ii. 339, Stanbridge, p. 289. Different ceremonies and ordeals at mourning and burial are regulated by custom; the same thing may probably be said of some of the initiatory ordeals. Noncompliance would involve the general ridicule or contempt of the tribesmen: Spencer and Gillen, Nat. Tr., p. 510. As crimes may be mentioned: transgression of the class rule as well in marriage as in sexual intercourse. Spencer and Gillen, Nat. Tr., p. 495, say that the usual punishment is death. Killing by magic: Spencer and Gillen, p. 476; Waitz Gerland, p. 794. In some cases the transgression of the mother-in-law taboo seems to be punished by expulsion from the local group: Howitt, Nat. Tr., p. 296.—Salvado says that marriage under thirty years is punished by death (p. 267). Such examples could be indefinitely multiplied.
[27] The ethnographic sources do not differ essentially from the historical ones. The purpose of a descriptive ethnography (such as is adopted in this monograph) is also nearly identical with the historian's task so far as positive statement of an actual state of things is the aim of both. The rules of criticism of sources apply therefore to our subject as well as to any other historic science. This will become obvious to every ethnographer who reads the excellent manual of MM. Langlois et Seignobos. The proof of the indispensability of such a criticism is to be found there, too. The method of criticism of sources adopted in this paper was accepted after a careful study of this useful book.
[28] We obviously do not speak here of such writers as Howitt, W. E. Roth, Spencer and Gillen, authors who had a theoretical training. But, as may be pointed out here, in the present work no writer is excluded, provided that he has had opportunities of first-hand observation, or opportunities of private information from first-hand observers.
[29] See below the discussion of this topic, [Chap. V., I].
[30] Much weight has been attached to a very extensive reproduction of the original text. More important statements are always adduced verbatim; less important, or too cumbersome ones, are abridged, but keeping as closely to the original words as possible.