Kinship Organisations and Group Marriage in Australia

by Northcote Whitridge Thomas

The so-called levirate, or right of succession to the widow, is clearly of much importance, so far as questions of dominion are concerned; but as regards the problems of descent the evidence is less easily interpreted. It has sometimes been assumed that the succession of the brother and not the son is a mark of matriliny; but it is clear that where the right of appropriating the widow is concerned, this is very far from being the case, for the simple reason that the real matria potestas would put her at the disposal of the kin from whom she originally came; on the other hand, inasmuch as the son is naturally debarred from marrying his own mother or his tribal mother, who commonly belongs to a class into which he does not marry, there might easily arise in a purely patripotestal and patrilineal tribe a custom of handing over the widow to the father's brother.

On the whole however it seems simplest to regard the matter as one in which the rights are determined by no considerations of inheritance or descent but simply by the rule that the property in the woman remains vested in the body of purchasers. For it must be remembered that not only an own but also a tribal sister may be given in exchange for a wife. From this it follows that, theoretically at any rate, the contracting parties are corporations rather than individuals, and in this case the death of the individual on whose behalf the transaction has been effected does not extinguish the proprietary rights acquired by handing over a woman, standing in the relation of sister to the one corporation, in exchange for another woman standing in the relation of sister to the other corporation.

If this solution is correct, it is unnecessary to go into the complicated question of the relation of brother-inheritance to matriliny and patriliny. For it is by no means clear that it is an exemplification of the former rather than the latter principle. It may, of course, be argued that brothers succeed as children of the same mother; but against this must be set the fact that they are also children of the same father; for uncertain paternity can only be a vera causa where pirrauru and similar customs are found; and even here the pre-eminence of the primary husband might well be held to determine the legal paternity of the children, which is, of course, especially in Africa, a matter of potestas rather than procreation. However this may be, the position of the widow does not appear to invalidate the guardianship origin of matriliny.

We now turn to the question of why male tends to take the place of female descent. The possible factors are (1) authority in the family, (2) the rise of chieftainship and inheritance generally, and (3) the organisation of the family group. Of the authority of father or mother over the children, there is not much trace in Australia except in the most youthful period of the pre-adult life. It is for example exceptional for a parent to correct a child. As to who decides in cases of infanticide we have unfortunately too little information to be able to generalise. Only in one important step—that of betrothal—have we anything like adequate information, and the interrelations between rule of descent and potestas are found to be in this case sufficiently clear, though it is not clear on what principle it is decided who shall exercise the right.

Taking first tribes with matrilineal descent, we find that the Barkinji, the Wakelbura, the Dieri, and in some cases the Wollaroi, assign the right of betrothal to the mother or mother's brother[19]. In other cases, transitional forms, the father, his elder brother, or the girl's brothers decide, or else the parents or two of these persons jointly[20]. Among the Mukjarawaint the betrothal rested in part with the paternal grandparents[21]; it may be noted that the grandfather had to decide also whether a child should be brought up or killed. Among the Kuinmurbura it falls to the mother's brother's son or the father's sister's son, who is, apparently, entitled to marry the girl himself[22].

Turning now to tribes with male descent, we find that the father, his brother, or the parents, almost invariably make the decision[23]. Among the eight-class tribes, Spencer and Gillen assert in one place[24] that the mother's brother betroths a girl; but this is contradicted in two other passages[25], and cannot be regarded as reliable.

On the whole therefore it appears that while there are some survivals of matria potestas into patrilineal descent, and in the matrilineal stage transitional forms are found, the right of betrothal tends to pass from the mother's to the father's side, when the rule of descent changes; but there is little to show how far a change in the right of betrothal tends to cause a change in the rule of descent.

A curious fact may be noted here, which goes far to demonstrate the absolutely heterogeneous nature of kinship and consanguinity, and suggests that descent is not reckoned in the female line on account of any supposed specially close connection between the mother and her offspring. Of the four tribes among which, according to Howitt, the child is regarded as the offspring of the father alone[26], the mother being only its nurse, two, the Yuin and Kulin, have male descent; two, however, the Wolgal and Tatathi, have female descent, and among the latter, in addition, the right of betrothal lies with the mother or mother's brother.

On the whole, therefore, it may be said that no questions of potestas seem to have exercised any influence in bringing about the transition from matrilineal to patrilineal descent. It does not appear necessary, therefore, to do more than allude in passing to a fact which may well have had something to do with the decay of matria potestas, at any rate, so far as the mother's brother is concerned, even if it did not actively hasten the coming of patria potestas. This fact is the considerable size of the area over which, with the rise of the so-called nations, it is possible to select a wife. The more remote geographically the mother's relatives, the less their influence. Allowance must of course be made for the opportunities of discussion afforded by the great gatherings of the tribes; but the wider area of bride-choice must have shaken the authority of the brother.

It has been remarked above that there is no well-established case of the right of betrothal being assigned on patrilineal principles in a matrilineal tribe. The influence of the father's brother is not necessarily a mark of patrilineal tendencies, except in so far as all patria potestas is such. That the elder brother has authority in this case is no more decisive than that the elder brother has authority in cases of betrothal; it is no more an exemplification of the simple patria potestas, which has already been shown to be universal and under but slight limitations so far as the wife is concerned. From the point of view of potestas, it is a great advance that the father should be able to dispose of his own daughter in marriage; but if we may judge by the survival of matria potestas into patriliny, the cases of patria potestas under matriliny cannot have exercised an important influence in bringing about a change in the rule of descent.