“He who is guilty of any crime whatever through his voluntary drunkenness shall be punished for it as much as if he had been sober.” _1 Hawk. P. C._ 3. “A drunkard,” says _Sir E. Coke_, (_1 Ins._ 247) “who is _voluntarius dæmon_, hath no privilege thereby.” _4 Bl. Com._ 26. But if by continual drunkenness he have become absolutely mad, then the original cause is not referred to, and he may be excused; not so however if there be only a predisposition to temporary madness, and that madness be voluntarily excited by drinking. There are many men, soldiers, who have been severely wounded, in the head especially, who well know that excess makes them mad; but if such persons wilfully deprive themselves of reason, they ought not to be excused one crime by the voluntary perpetration of another.[99] “He who incites a madman (idiot, infant, or lunatic) to do a murder or other crime, (as to kill himself) is a principal offender, and as much punishable as if he had done it himself.” _1 Hawk. P. C._ _p._ 3 _and_ 118. _1 H. P. C._ 617. “It seems agreed at this day, that if one, who has committed a capital offence, become _non compos_ before conviction, he shall not be arraigned; and if after conviction, that he shall not be executed.” _1 Hawk. P. C._ 3; _1 H. P. C._ 36. Indeed in the bloody reign of _Henry_ the eighth, a statute was made (_33 H. 8_, _c._ 20) which enacted, that if a person, being _compos mentis_, should commit treason, and after fall into madness, he might be tried in his absence, and should suffer death, as if he were of perfect memory. But this savage and inhuman law was repealed by the _Stat. 1 and 2 P. and M._ _c._ 10. For as is observed by _Sir Ed. Coke_, “the execution of an offender is for example, _ut pœna ad paucos, metus ad omnes perveniat_: but so it is not when a madman is executed; but should be a miserable spectacle, both against law, and of extreme inhumanity and cruelty, and can be no example to others.” _4 Bl. Com._ _p._ 25. Pregnancy is a good plea in bar of execution; but it does not prevent trial or sentence; in a recent instance, however, when a woman was brought to the bar evidently in labour, she was remanded by the court; and query, whether this discretion ought not to be exercised in all cases of advanced pregnancy; for the agitation of the trial may be of more fatal effect than the judgment of the law, and the unfortunate woman, though acquitted, may perish with her child from the mere effect of mental distraction.