[19] Walker, History, p. 41. Walker, Science of International Law, Cambridge, England, 1893, p. 60. [20] G. W. Botsford, A History of Greece, New York, 1912, p. 75. [21] Thucydides, ii, 67, quoted in Phillipson, op. cit. ii, 382. [22] Homer, Iliad, i, 367; vi, 58; ix, 588, xxii. 64; Odyssey, xv, 385; 426; xvii, 425; quoted in Phillipson, op. cit. 370. [23] Heroditus, ii, 152, quoted in Phillipson, op. cit. ii, 371. [24] Polybius, iv, 68, quoted ibid. [25] Livy, xxxvii, 11, quoted ibid. [26] The so-called Rhodian laws of the middle ages, the earliest manuscript of which apparently dates from 1478, have no connection with the ancient sea laws of Rhodes. Of the latter only the law of Jettison survives, see Robert D. Benedict, The Historical Position of the Rhodian Law, Yale Law Journal, 1908-09, xviii, 223; Hershey, op. cit. Amer. Jour. of International Law, 1911, v. 917; Walter Ashburner, the Rhodian Sea Law, Oxford, 1909. [27] Hershey, op. cit. American Journal of International Law, 1911, v. 915; Phillipson, op. cit. ii, 373. PART 2. ROME. a. Land War. From the Greek theories the Roman legal mind developed elaborate rules for the apportionment of booty captured in land war. The Romans clearly recognized that the prizes taken in public war belong to the state. "Whatever is captured from the enemy, the law directs to be public property: so that not only private persons are not the owners of it, but even the general is not. The Questor takes it, sells it and carries the money to the public account." says Dionysius of Halicarnassus.[1] This might seem to imply that no individual could enjoy a share of the proceeds but such does not seem to have been the case. It simply means that the title to all captures vested in the state which could if it saw fit transfer a share of the booty to the captors or others. Grotius[2] gives definite rules employed by the Romans in dividing the produce of such booty. His statements are based on the writings of Livy and other Latin writers. In dividing booty money account was taken of the pay of the soldiers and of special bravery.[3] Special reward was usually made to the general.[4] Sometimes a portion was given to others who had contributed to the expenses of the war.[5] Often a portion was dedicated to the Gods[6] although this practice was much less common among them than among the Greeks. It was considered a particularly worthy act on the part of a general if he refused to accept any share of the booty as was sometimes done by those seeking state honors.[7] The whole system was closely circumscribed by law. A penalty attached to the crime of peculation, the private secreting of booty without submitting it to the public.[8] Roman orators dilated at length on the infamy of peculation.[9]