The Law of War and Peace (1625)by Hugo Grotius BOOK 1, CHAPTER 3Distinction Between Public and Private War;
Explanation of Sovereignty
I.     Division of war into public and private.II.     The proposition, that according to the law of nature not all private war is impermissible since the establishment of courts, is defended, illustrations being added.III.     The proposition is defended that private war in some cases is permissible even according to the law of the Gospel, objections being met.IV.     Division of public war into formal and less formal.V.     Whether there may be a public war waged by the authority of a public official not having sovereign power, and when.VI.     In what the civil power consists.VII.     What sovereignty is.VIII.     The opinion that sovereignty always resides in the people is rejected, and arguments are answered.IX.     The argument that there is always a relation of mutual dependence between king and people, is refuted.X.     Cautions are offered for the right understanding of the true opinion the first is, in regard to the distinguishing of similar words which differ in meaning.XI.     The second caution, as to distinguishing rights from the manner of possessing rights.XII.     It is shown that in some cases the sovereign power is held absolutely, that is with right of transfer.XIII.     It is shown that in some cases the sovereign authority is not held absolutely.XIV.     It is shown that in some cases intermediate governmental authority is held absolutely, that is with right of transfer.XV.     The distinction stated is reinforced from the difference in mode of appointing regents in kingdoms.XVI.     It is shown that sovereignty is not limited even by a promise of that which lies outside the sphere of the law of nature or of divine law.XVII.     It is shown that sovereignty is sometimes divided into parts, subjective or potential.XVIII.     That nevertheless it is wrong to infer that there is a division of sovereignty when kings do not wish certain acts of theirs to have the force of law unless approved by some assembly.XIX.     That other examples of wrong inference regarding the division of sovereignty are found under this head.XX.     True examples of mixed sovereignty.XXI.     It is shown that sovereignty may be vested in him who is bound by an unequal alliance; and objections are met.XXII.     That sovereignty may be held by him who pays tribute.XXIII.     That sovereignty may be held by him who is bound by feudal law.XXIV.     Distinction between the right of sovereignty and the exercise of the right, with examples.