[637] It is so regarded by SOHM, _Institutes of Roman Law_, 361 n. 3; by WESTERMARCK, _op. cit._, 397; SCHRADER, _op. cit._, 382. ROSSBACH, _Die römische Ehe_, 65 ff., 93, 145, 245 ff., holds that there was one original form from which both _coemptio_ and _confarreatio_ were derived, and that it combined purchase with religious elements. KARLOWA, _Die Formen der röm. Ehe_, 1 ff., 45., criticises Rossbach and holds that it remains to be proved that _coemptio_ is a survival of real purchase, it being more likely a particular use of _mancipatio_ arising perhaps under Servius Tullius; but LEIST, _op. cit._, 128 ff., rejects this view and favors the theory of survival. LANGE, _Römische Alterthümer_, I, 105, 106; and BERNHÖFT, _Römische Königszeit_, 186, are in practical agreement with Karlowa. _Cf._ POSTE, _Gaius_, 89 ff.; MUIRHEAD, _Private Law of Rome_, 441-43, who rejects the theory of survival; LETOURNEAU, _L'évolution du mariage_, 149, 150; MONLEZUN, _Femme mariée_, 28-30. [638] See LUBBOCK, _Origin of Civilization_, 74, who compares _usus_ and _coemptio_. _Cf._ POSTE, _Gaius_, I, § 111, p. 88; LETOURNEAU, _op. cit._, 150. Herodotus mentions wife-purchase as a Thracian custom;[639] and until very recently it was also practiced by the Slavs.[640] The bazar of Babylon,[641] where, according to Herodotus, girls were publicly sold in marriage, found its counterpart not long since in the maiden-market of the Roumanian Gainaberg.[642] The ancient laws of Ireland reveal it in curious relation to wife-capture. The legitimate wife is the wife who is bought. At the first marriage the full _coibche_, or bride-price, is paid to the father; at the second, the bride receives one-third; and at each succeeding marriage a gradually increasing portion falls to her share.[643] Marriage by abduction is illegal. In that case children begotten during the first month belong to the wife's family, though they may be conveyed to their father for a composition; and to such conveyance he is legally entitled, when the abduction takes place with the woman's consent. After the first month the relation between husband and wife is partially legalized. The children begotten thereafter belong to their father, though they are really illegitimate and hence not entitled to full rights of inheritance. Furthermore, a gift from the wife to the husband is void. But every defect in the marriage is at once cured by payment and acceptance of the _coibche_. In case the price cannot be arranged the family of the wife are entitled to damage. They may demand that another woman be placed at their disposal for an equal term; or they may exact a partnership share in the earnings of the abductor.[644] [639] HERODOTUS, v, 6: RAWLINSON, III, 180.