Not only does the drunkard draw down upon himself many diseases, both
of body and mind, but if, in his intoxication, he commit any crime or
misdemeanour, he becomes, like other subjects, amenable to the pains of
law. In this respect, indeed, he is worse off than sober persons, for
drunkenness far from palliating, is held to aggravate every offence;
the law does not regard it as any extenuation of crime. “A drunkard,”
says Sir Edward Coke, “who is _voluntarius demon_, hath no privilege
thereby; but what hurt or ill soever he doth, his drunkenness doth
aggravate it.” In the case of the King _versus_ Maclauchlin, March,
1737, the plea of drunkenness, set up in mitigation of punishment, was
not allowed by the court. Sir George Mackenzie says he never found it
sustained, and that in a case of murder it was repelled—Spott _versus_
Douglas, 1667. Sir Matthew Hales, c. 4, is clear against the validity of
the defence, and all agree that “_levis et modica ebrietas non excusat
nec minuit delictum_.” It is a maxim in legal practice, that “those
who presume to commit crimes when drunk, must submit to punishment
when sober.” This state of the law is not peculiar to modern times. In
ancient Greece it was decreed by Pittacus, that “he who committed a crime
when intoxicated, should receive a double punishment,” _viz._ one for
the crime itself, and the other for the ebriety which prompted him to
commit it. The Athenians not only punished offences done in drunkenness
with increased severity, but, by an enactment of Solon, inebriation in
a magistrate was made capital. The Roman law was, in some measure, an
exception, and admitted ebriety as a plea for any misdeeds committed
under its influence: _per vinum delapsis capitalis pœna remittitur_.
Notwithstanding this tenderness to offences by drunkards, the Romans,
at one period, were inconsistent enough to punish the vice itself with
death, if found occurring in a woman. By two acts passed in the reign
of James I., drunkenness was punishable with fine, and, failing payment,
with sitting publicly for six hours in the stocks; 4 Jac. I. c. 5, and
21 Jac. I. c. 7. By the first of these acts, Justices of the Peace may
proceed against drunkards at the Sessions, by way of indictment; and this
act remained in operation till the 10th of October, 1828, at which time,
by the act of the 9 Geo. IV. c. 61, § 35, the law for the suppression of
drunkenness was repealed, without providing any punishment for offenders
in this respect. Previous to this period, the ecclesiastical courts could
take cognizance of the offence, and punish it accordingly. As the law
stands at present, therefore, drunkenness, _per se_, is not punishable,
but acts of violence committed under its influence are held to be
aggravated rather than otherwise; nor can the person bring it forward
as an extenuation of any folly or misdemeanour which he may chance to
commit. In proof of this, it may be stated, that a bond signed in a fit
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