Did the Institution of Marriage by Purchase Exist in Old Germanic Law?

Tim main sources from which we derive our knowledge of the social life of our forebears are legal documents, the works of historians like Tacitus, Old English and Old Icelandic poetic literature, and especially the Old Icelandic Family Saga. Whereas the legal documents often bear witness to extreme cases, to acts which ought not to be committed, real life is nowhere better depicted than in the Family Saga. One of the most interesting problems is that of married life. A number of scholars concerned with law and legal history speak of 'Rauboder Gewaltehe' and of 'Kaufehe," of the lack of independence and of privileges for the engaged and married woman. The men familiar with the documents of literature, impressed by the admirable portraits of women in the Saga, are convinced that the freedom, respect, and independence enjoyed by women pictured in the Saga are true to life. From no passage in the Family Saga can one conclude that the institution of marriage by purchase existed. It is the laws (at least in the opinion of a number of historians of Germanic law) and expressions having the meaning 'purchase' and 'sale" which seem to support the theory that the bride was purchased. However, a close scrutiny of the sources makes it clear that the gift of the bridegroom does not come into the possession of the person who gives away the bride. It belongs to the bride and serves as a financial security for her.2 Accordingly, the theory of the marriage by purchase has as its mainstay the words having the meaning 'to buy' and 'to sell'; as a matter of fact, it appears that it came into being on the basis of these words. From the very beginning a general consideration should have prevented the protagonists of this theory from attributing too much weight to the meaning 'to purchase' of these words. As the institution of marriage by purchase is considered to be quite ancient, the original meaning of the expressions 'purchase' and 'sale' must be taken into account. This meaning was 'exchange,' as originally goods were exchanged, and not bought and sold; this meaning is moreover, partly preserved in the Gmc. words for 'purchase' and 'sale.' It is especially Gmc. kaupon, OIcel. kaupa, kaup, bru';Skaup, etc., which have been quoted in support of the theory of the institution of marriage by purchase. Even Krause, who believes in this theory, must, however, admit, that OIcel. bru';Skaup has the meaning 'wedding' and not 'purchase of the bride.'3 Kaup used with regard to a woman means 'agreement, stipulation,' 'Heiratsabmachung,'