Wife lending. Initiation ceremonies. Jus primae noctis. Punishment for adultery. Ariltha of central tribes. Group marriage unproven.
It has been mentioned above that the pirrauru custom, so far from being an extension of the recognised practice of Australian tribes, is in some respects a limitation of it. We may now proceed to illustrate this. Even among the Dieri the tribal festival on the occasion of an inter-tribal marriage is marked by free intercourse between the sexes without regard to existing sexual unions[181] (? either tippa-malku or pirrauru). In the same way the Wiimbaio tribal gatherings were accompanied by regulated promiscuity, the class rules being the only limitation. At others wives could be lent or temporarily exchanged by the husbands[182]. The Geawe-gal held festivals at which wives were lent to young men, subject to class laws[183]. In other cases the exchange was limited to brothers or men of the same totem[184]. Among the Kamilaroi a wife was lent to friendly visitors but only with her consent. In all these cases we see a state of things similar to or not unlike the relations of the Dieri pirrauru spouses, and it should be noted that it is at tribal gatherings that the latter can claim to exercise their rights. From this it appears that the Dieri custom amounts to an ear-marking of certain women for the use of certain men, and is consequently a limitation of the common custom; in consideration of the fact that the pirrauru men protect them in the absence of their husbands, they are permitted at the same time to exercise marital rights, provided their own primary spouses are absent.
Among the Wiimbaio, when sickness was believed to be coming down the Murray[185], and among the Kurnai, when the Aurora australis was seen[186], an exchange of wives was ordered by the old men to avert the threatened evil[187]. This is explained by Dr Howitt as a reversion to the ancient custom of group marriage. It is however not quite clear on what grounds it is necessary to treat it as a survival at all. If a day of prayer and fasting is ordered in order to avert national calamities, it does not follow that the nation in question was in the habit of perpetual prayer and fasting at some previous stage of its existence. Moreover, if the magical rite was formerly the universal practice we may well ask what induced the tribes which believe in its efficacy to adopt a new form of marriage. Ex hypothesi, it is pleasing to Mungan, or good against disease; knowing this, they have not hesitated to abolish group marriage, but apparently without incurring Mungan's wrath, or bringing any epidemic upon them.
Among the Narrinyeri[188], the old men have a right of access to the newly initiated girls, but apparently Dr Howitt does not regard this as a survival. On the other hand the narumbe (initiated youths), who may not at this period take wives, had unrestricted rights over the younger women, those "of his own class and totem not excepted," and this Dr Howitt regards as a survival from the days of the undivided commune, though if it is so it is hard to see why they should have rights only over the younger women. The practice does not appear to differ from the free love found among the Dieri except in the absence of class restrictions and its limitation to the period after initiation which is among many other peoples a period of sexual licence.
Another group of customs, also interpreted by Dr Howitt as a survival of group marriage and an "expiation for individual marriage," calls for some discussion. It is unnecessary to refer here to the explanation of the jus primae noctis suggested by Mr Crawley. It may be that the matter can also to some extent be explained as payment for services, in the same way as the pirrauru relation shows some signs of being a quid pro quo.
In certain tribes access to the bride is permitted to men of the group of the husband. Among the Kuinmurbura they are the men who have aided the husband to carry off the woman[189]; and the same is the case with the Kurnandaburi and Kamilaroi tribes[190]. It is very significant that among the Narrinyeri the right of access only accrues in case of elopement and precisely to those men who actually give assistance in the abduction, a fact hard to explain on the theory of expiation[191]. Among the Mukjarawaint the right seems to belong to those of the same totem, but apparently the young men only[192]; but here too their position as accessories is quite clear, as indeed it must be in any tribe where the right accrues to men of the same totem. By all the rules of savage justice a punishment may be inflicted in these cases either on the offender himself or on the men of his totem. It is therefore not strange that they require from the abductor some return for the danger to which he exposes them, especially if they actually take part in the abduction. An aberrant form of the custom is found among the Kurnai, among whom the jus primae noctis falls to men initiated at the same jeraeil as the bridegroom.
Among the Kurnandaburi there was a period of unrestricted licence after the exercise of the jus primae noctis, even the father of the bride being allowed access to her. This did not of course violate totem or phratry regulations. Dr Howitt does not comment on the case, but it would have been interesting to hear whether both these customs are to be regarded as survivals and if so what caused the duplication[193].
In estimating the value of the custom of jus primae noctis as evidence of a prior state of group marriage, a custom of the Yuin should not be overlooked. If a man elopes with another man's betrothed he is punished by having to fight the girl's father, brothers, and mother's brother; the girl was sometimes punished by being beaten; all the men who pursued her had a right of access provided they were of the right totem and locality. If however the eloping couple were not caught they were not liable to punishment after a child was born. There is no mention of any jus primae noctis where the marriage was the result of betrothal. In this case therefore the right of access is a punishment, so far as the girl is concerned; it is earned by taking part in the pursuit, a fact which confirms the suggested explanation of the right of access at marriage.
It should not be overlooked that this form of punishment is found among some tribes as the penalty for adultery[194], when it certainly cannot be interpreted as an expiation for individual marriage. This was the case among the Wotjoballuk, the Kamilaroi, and the Euahlayi.
We may now turn to the customs of the central and northern tribes visited by Messrs Spencer and Gillen. Except in the case of three of the north-eastern tribes the right of access accrues in connection with the ariltha ceremony. It may be said at once that there is among these tribes no trace of access as payment for services; for on the rare occasions when a wife is captured she is allotted to an individual and becomes his property at once, according to a statement in the first work of Spencer and Gillen[195]. In the same work, it is true, this statement is contradicted by the assertion that on such occasions only the men of the right class are allowed to have access[196]. But this statement does not seem to be based on any facts within the knowledge of the writers, for they make a definite statement to the contrary with regard to the Arunta customs, and it was with the Arunta that they were specially concerned, and in the later volume no further details are given, as they should have been, if the custom was found among any of the tribes visited on the second expedition.