1841); Schoolcraft, _Indian Tribes_ (Philadelphia, 1853-56); Bancroft, _Native Races_ (New York, 1875-76); Kohler, "Das Recht der Azteken," in _ZVR._, XI; Vols. III and IV of Waitz, _Anthropologie_; Krause, _Die Tlinkit-Indianer_ (Jena, 1885); and Bandelier "Social Organization and Mode of Government of the Ancient Mexicans," in _Rep. Peabody Museum_, II, 557-699. Among the many works cited in this chapter which have already been enumerated in preceding Bibliographical Notes especially important are those of Jolly, Leist, Krause, Rossbach, Morgan, Bernhöft, Friedrichs, Spencer, Lubbock, Ploss, Lippert, Robertson Smith, Finck, Grosse, Hellwald, and various writings of Kohler.] Everywhere among our ancestors, when authentic history dawns upon the institutions of the Germanic race, marriage is effected by means of a contract. The transaction is a contract of sale through which for a price the bride is conveyed by the father or guardian into the bridegroom's hand. But, as will appear later, the element of sale is rapidly taking on a symbolical character. The question arises in the outset as to the antiquity of contract in marriage. Is it of comparatively late origin, as is often assumed? Or can the element of agreement, of consent of the parties, be traced from the very beginning of the human family? Again, what is the character and what the historical significance of marriage by purchase? Is it the earliest form of matrimonial contract, and does it constitute a universal phase of development subsequent to that of capturing women? I. WIFE-CAPTURE AND THE SYMBOL OF RAPE[472]