That  this  .is  an  efiential  and  material  diflin&ion,  into
which  yo;u  mull  accurately  enquire,  cannot  need  the
aid  of  argument  or  authority.  .  Lord  Hale  tells  us,  *'  The
'  third  fort  of  dementia,  is  that  which  is  dementia  affeftata,
*  namely,  drunkennefs.  This,  vice  doth  deprive  men

of


(     I23    )

1  of  the  ufe  of  reafon,  and  puts  many  men  into  a  perfect,
4  but  temporary  phrenzy  :   And  therefore,  according  to  fome

*  civilians,  fuch  a  perfon,  committing  homicide,  mail  not  be

*  punifhed  fimply  for  the  crime  of  homicide,  but  mall  fuffer

*  for    his   drunkennefs,    anfwerable    to    the   nature    of    the

*  crime  occafioned  thereby;   fo  that  yet  the  formal  <aufe  of

*  his  punifhment  is  rather  the  drunkennefs,  than   the  crime

*  committed  in  it :  But,  by  the  laws  of  England,  fuch  a'per-

*  foa   lhall  have  no  privilege  by  this  voluntary  contracted

*  madnefs,  but  mall  have  the  fame  judgment  as  if  he  were  in
'  his  right  fcnfes.'''

He  then  flates  two  exceptions  ;v.the  firft,  "  If  a  perfon,  ly
4  the  -unskilfulnejs  of  his  phyjician,  or  by  the  contrivance  of.  his
'  enemies,  eat  or  drink  fuch  a  thing  as  caufeth  fuch  a  tcm-
'  porary  or  permanent  phrenzy,  as  aconitum,  or  nux  vomica,
4  this  puts  him  into  the  fame  condition,  in  reference  to  crimes,
'  as  any  other  phrenzy,  and  equally  excufeth  him."  And
the  fecond  is,  where  an  habitual  and  fixed  phrenzy  is  occa-
fioned by  the  fault  of  the  infane  perfon,  in  which  alfo  the
defence  of  infanity  is  good.  But  from  both,  it  is  clear,  that
a  temporary  and  partial  infanity,  occalioned  by  the  ac\  and
deed  of  the  party  accufed,  is  not  of  that  nature  as  to  free
him  from  trial  and  punimment,  for  offences  committed  dur-
ing the  fubfiftence  of  fuch  criminal  delirium.
