Australia: The Land Where Time Began

A biography of the Australian continent 

Offences against the person

There are a number of sub-categories.

If a child is injured as a result of its mother having a fit of anger, or a child is allowed to stray and subsequently is injured, dies or cannot be found, if a mother deliberately kills a full-term baby which was healthy and not deformed-these are handled as family matters, punishment by her husband, and or her co-wives. She would be at least criticised, and her actions can be used in future argument. If a woman has a child that is fathered by a man of her moiety it is considered a form of incest. The husband or co-wives would usually kill the child.

Another sub-category is when a man runs away with another man's wife, or a woman runs away with another woman's husband. The help of male relatives of the injured party was usually invoked, sometimes sending a message stick, or war stick. This matter is mainly handled by the parties involved, but others can be drawn into the dispute through the kinship system.

A more serious offence is when a murder or suspected murder has taken place. There are 3 ways in which this offence can be treated. This was usually handled at the family level, and there was always the possibility of violent retaliation. The close relatives of the victim were expected to avenge the offence. If a man who would normally carry out the punishment cannot, possibly because of his kin obligations, in western Arnhem Land, a special revenge-associated object could be handed to another man under obligation to him. This man was required to kill the offender, whether he wanted to or not. In western Arnhem Land the revenge object, the wungbar, may be bound to the spear used in the killing.

In northern Arnhem Land, murders or suspected murders have been known to lead to feuds that continued for long periods, with periods of open violence occurring occasionally. The tribe or clan could sometimes be called in.

Fighting ability was highly regarded in north-central and northeastern Arnhem Land. A man is admired and feared if he didn't hesitate to throw his spears to get his way. Some gained such a reputation that people wouldn't challenge him openly. Sometimes such men directed others to kill people for them. A man who continues to get away with his violent actions could reach a point where he only needed to look threatening and rattle his spears, as long as he observed kinship rules and conformed to sacred laws and ritual obligations, Such men were usually not punished. One such man who was well known in the early days of contact was Old Wonggu of Caledon Bay. The Djabu-speaking man had gained his status many years before his death.

A death could be compensated by the offer of goods, that could be demanded, though revenge could still be attempted. This situation appears to possibly have arisen because of the effects of European contact on tribal life. In the days when tribal law was in force such men who killed for personal or family affairs would have eventually been punished by being speared themselves.

Another method of revenge for murder, once the murderer had been identified, at least to the satisfaction of the victim's family, a member of the family performs, or threatens to perform sorcery, or even claims to have done it, if the particular person becomes ill and dies.

Grievances are often settled in central and southern Australia by spearing the accused transgressor in the thigh. This was also used in the case of elopement, adultery and personal injury. The man has been known to stand quietly while the victim or one of his relatives throws a spear at him. The spear is supposed to enter the thigh, but it not always hit the thigh, and even if it does, if the wound becomes infected or the spear hits a vital organ then penalty can be death.

In western Arnhem Land a messenger bringing news of a death becomes involved in a mock fight with the men receiving the news. The relatives of the dead person are watched, and restrained if necessary, if they lose control and try to spear the messenger. People such as the dead man's brother, father, mother's brother, a woman's father or brother are the people watched most closely in case their grief get the better of them and they launch their spears at the messenger. The messenger joins in the mourning when the immediate danger has passed. As a sign of his sympathy for the grieving family he slashes himself till he bleeds.

Sources & Further reading

R.M. & C.H. Berndt, The World of the First Australians, Ure Smith, Sydney, 1964

Author: M. H. Monroe
Email: admin@austhrutime.com
Last updated: 30/09/2011
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                                                                                           Author: M.H.Monroe  Email: admin@austhrutime.com     Sources & Further reading