Modern civilization has introduced great qualifications to soften the rigours of war; and allows a degree of intercourse with enemies, and particularly with prisoners of war, which can hardly be carried on without the assistance of our Courts of justice. It is not therefore good policy to encourage these strict notions, which are insisted on contrary to morality and public convenience.
James Eyre, C.J., Sparenburgh v. Bannatyne (1797), 2 Bos. & Pull. 170; reported in James William Norton-Kyshe, Dictionary of Legal Quotations (1904), p. 245.
