Though most of those Bishops were strict observers of discipline, who would by no means dissemble in points relating to the duty of the Emperors or of others. Among this class, in the time of Theodosius, we may rank Ambrose, who in his seventh discourse says, "there is nothing wrong in bearing arms; but to bear arms from motives of rapine is a sin indeed," and in his first book of Offices, he maintains the same opinion, that "the courage which defends one's country against the incursions of barbarians, or protects one's family and home from the attacks of robbers, is complete justice." These arguments so decidedly shew the opinions of the primitive Christians in the support of just and necessary war, that the subject requires no farther proof or elucidation. Nor is the argument invalidated by a fact pretty generally known, that Bishops and other Christians often interceded in behalf of criminals, to mitigate the punishment of death, and that any, who had taken refuge in churches, were not given up, but upon the promise of their lives being spared. A custom was introduced likewise of releasing all prisoners about the time of Easter. But all these instances, if carefully examined, will be found the voluntary acts of Christian kindness, embracing every opportunity to do good, and not a settled point of public opinion condemning all capital punishments. Therefore those favours were not universal; but limited to times and places, and even the intercessions themselves were modified with certain exceptions.[10] CHAPTER III. THE DIVISION OF WAR INTO PUBLIC AND PRIVATE AND THE NATURE OF SOVEREIGN POWER. The Division of War into public and private--Examples to prove that all private War is not repugnant to the Law of Nature since the erection of Courts of Justice--The Division of Public War into formal, and informal--Whether the suppression of Tumults by subordinate Magistrates be properly public War--Civil Power, in what it consists--Sovereign Power further considered--The opinion of those, who maintain that the Sovereign Power is always in the people, refuted, and their arguments answered--Mutual subjection refuted--Cautions requisite to understand the nature of Sovereign Power--Distinction of the real differences that exist under similar names--Distinction between the right to Sovereign Power, and the mode of exercising it. I. The first and most necessary divisions of war are into one kind called private, another public, and another mixed. Now public war is carried on by the person holding the sovereign power. Private war is that which is carried on by private persons without authority from the state. A mixed war is that which is carried on, on one side by public authority, and on the other by private persons. But private war, from its greater antiquity, is the first subject for inquiry.