[15] Walker, "Science of International Law," Chs. I. and II., fully discusses Austin's definition.
[16] Bluntschli, "Völkerrecht," Introduction; Lawrence, § 20.
[17] Walker, "Science of International Law," Ch. III., p. 58. "But when, beside the vague and fleeting World Law, the law of all humanity, was recognized a law special to certain peoples, when the distinction was drawn between the progressive and the stationary, between civilization and barbarity, when the Greek noted [Greek: ta nomima tôn Hellênôn], and the Roman felt the ties of a particular Jus Fetiale and a particular Jus Belli, International Law cast off its swaddling bands, and began its walk on earth."
[18] Cicero, "Pro Lege Manilia," Ch. XIII.
[19] Justinian Digest, 14. 2, "If goods are thrown overboard to lighten the ship, as this is done for the sake of all, the loss shall be made good by a contribution of all."
[20] Bluntschli, "Völkerrecht," Introduction; Thucydides, "Peloponnesian War," II., 12, 22, 29.
[21] The Amphyetionic League recognized some principles of interstate right and comity, as well as preserved Grecian institutions and religious traditions. This is shown in the oath of the members, "We will not destroy any Amphyctionic town nor cut it off from running water, in war or peace; if any one shall do this, we will march against him and destroy his city. If any one shall plunder the property of the god, or shall be cognizant thereof, or shall take treacherous counsel against the things in his temple at Delphi, we will punish him with foot and hand and voice, and by every means in our power." They also agreed to make and observe humane rules of warfare. See also Bluntschli, "Völkerrecht," Introduction.
[22] Maine, "Ancient Law," Ch. III. The idea as to what jus gentium was, of course varied with times. Under the Empire it lost its old meaning. See Cicero, "De Officiis," III., 17; Livy, VI., 17; IX., 11; I., 14; V., 36; Sallust, "Bell. Jug.," XXII.; Tacitus, "Ann.," 1, 42; "Quintus Curtius," IV., 11, 17.
[23] Bryce, "Holy Roman Empire," Ch. VII.
[24] Bryce, "Holy Roman Empire," Chs. VII, and XV. The "Truce of God" introduced by the clergy (1034) left only about eighty days in a year for fighting and settling feuds.