ii. 368): "and at last Indulgences were so freely given that there is

now scarcely a devotion or good work of any kind for which they cannot be obtained" (Arnold & Addis, _Catholic Dictionary_, s.v.). To quote again from Father Thurston (p. 318): "In imitation of the prodigality of her Divine Master, the Church has deliberately faced the risk of depreciation to which her treasure was exposed.... The growing effeminacy and corruption of mankind has found her censures unendurable ... and the Church, going out into the highways and the hedges, has tried to entice men with the offer of generous Indulgence." But it must be noted that, according to the orthodox doctrine, not only can an Indulgence not remit future sins, but even for the past it cannot take full effect unless the subject be truly contrite and have confessed (or intend shortly to confess) his sins.

This salutary doctrine, however, has undoubtedly been obscured to some extent by the phrase _a poena et a culpa_, which, from the 13th century to the Reformation, was applied to Plenary Indulgences. The prima-facie meaning of the phrase is that the Indulgence itself frees the sinner not only from the temporal penalty (_poena_) but also from the guilt (_culpa_) of all his sins: and the fact that a phrase so misleading remained so long current shows the truth of Father Thurston's remark: "The laity cared little about the analysis of it, but they knew that the _a culpa et poena_ was the name for the biggest thing in the nature of an Indulgence which it was possible to get" (_Dublin Review_, Jan. 1900). The phrase, however, was far from being confined to the unlearned. Abbot Gilles li Muisis, for instance, records how, at the Jubilee of 1300, all the Papal Penitentiaries were in doubt about it, and appealed to the Pope. Boniface VIII. did indeed take the occasion of repeating (in the words of his Bull) that confession and contrition were necessary preliminaries; but he neither repudiated the misleading words nor vouchsafed any clear explanation of them. (_Chron. Aegidii li Muisis_ ed. de Smet, p. 189.) His predecessor, Celestine V., had actually used them in a Bull.

The phrase exercised the minds of learned canonists all through the middle ages, but still held its ground. The most accepted modern theory is that it is merely a catchword surviving from a longer phrase which proclaimed how, during such Indulgences, ordinary confessors might absolve from sins usually "reserved" to the Bishop or the Pope. Nobody, however, has ventured exactly to reconstitute this hypothetical phrase; nor is the theory easy to reconcile with (i.) the uncertainty of canonists at the time when the locution was quite recent, (ii.) the fact that Clement V. and Cardinal Cusanus speak of absolution _a poena et a culpa_ as a separate thing from (a) plenary absolution and (b) absolution from "reserved" sins (Clem. lib. v. tit. ix. c. 2, and Johann Busch (d. c. 1480) _Chron. Windeshemense_, cap. xxxvi.). But, however it originated, the phrase undoubtedly contributed to foster popular misconceptions as to the intrinsic value of Indulgences, apart from repentance and confession; though Dr Lea seems to press this point unduly (p. 54 ff.), and should be read in conjunction with Thurston (p. 324 ff.).

These misconceptions were certainly widespread from the 13th to the 16th century, and were often fostered by the "pardoners," or professional collectors of contributions for Indulgences. This can best be shown by a few quotations from eminent and orthodox churchmen during those centuries. Berthold of Regensburg (c. 1270) says, "Fie, penny-preacher! ... thou dost promise so much remission of sins for a mere halfpenny or penny, that thousands now trust thereto, and fondly dream to have atoned for all their sins with the halfpenny or penny, and thus go to hell" (ed. Pfeiffer, i. 393).[1] A century later, the author of _Piers Plowman_ speaks of pardoners who "give pardon for pence poundmeal about" (i.e. wholesale; B. ii. 222); and his contemporary, Pope Boniface IX., complained of their absolving even impenitent sinners for ridiculously small sums (_pro qualibet parva pecuniarum summula_, Raynaldus, _Ann. Ecc._ 1390). In 1450 Thomas Gascoigne, the great Oxford Chancellor, wrote: "Sinners say nowadays 'I care not how many or how great sins I commit before God, for I shall easily and quickly get plenary remission of any guilt and penalty whatsoever (_cujusdam culpae et poenae_) by absolution and indulgence granted to me from the Pope, whose writing and grant I have bought for 4d. or 6d. or for a game of tennis'"--or sometimes, he adds, by a still more disgraceful bargain (_pro actu meretricio_, _Lib._ Ver. p. 123, cf. 126). In 1523 the princes of Germany protested to the Pope in language almost equally strong (Browne, _Fasciculus_, i. 354). In 1562 the Council of Trent abolished the office of "pardoner."

The greatest of all Plenary Indulgences is of course the Roman Jubilee. This was instituted in 1300 by Boniface VIII., who pleaded a popular tradition for its celebration every hundredth year, though no written evidence could be found. Clement VI. shortened the period to 50 years (1350): it was then further reduced to 33, and again in 1475 to 25 years.

See also the article on LUTHER. The latest and fullest authority on this subject is Dr H. C. Lea, _Hist, of Auricular Confession and Indulgences in the Latin Church_ (Philadelphia, 1896); his standpoint is frankly non-Catholic, but he gives ample materials for judgment. The greatest orthodox authority is Eusebius Amort, _De Origine, &c., indulgentiarum_ (1735). More popular and more easily accessible are Father Thurston's _The Holy Year of Jubilee_ (1900), and an article by the Bishop of Newport in the _Nineteenth Century_ for January 1901, with a reply by Mr Herbert Paul in the next number. (G. G. Co.)

FOOTNOTE:

[1] Equally strong assertions were made by the provincial council of Mainz in 1261; and Lea (p. 287) quotes the complaints of 36 similar church councils before 1538.

INDULINES, a series of dyestuffs of blue, bluish-red or black shades, formed by the interaction of para-amino azo compounds with primary monamines in the presence of a small quantity of a mineral acid. They were first discovered in 1863 (English patent 3307) by J. Dale and H. Caro, and since then have been examined by many chemists (see O. N. Witt, _Ber._, 1884, 17, p. 74; O. Fischer and E. Hepp, _Ann._, 1890, 256, pp. 233 et seq.; F. Kehrmann, _Ber._, 1891, 24, pp. 584, 2167 et seq.). They are derivatives of the eurhodines (aminophenazines, aminonaphthophenazines), and by means of their diazo derivatives can be de-amidated, yielding in this way azonium salts; consequently they may be considered as amidated azonium salts. The first reaction giving a clue to their constitution was the isolation of the intermediate _azophenin_ by O. Witt (_Jour. Chem. Soc._, 1883, 43, p. 115), which was proved by Fischer and Hepp to be dianilidoquinone dianil, a similar intermediate compound being found shortly afterwards in the naphthalene series. _Azophenin_, C30H24N4, is prepared by warming quinone dianil with aniline; by melting together quinone, aniline and aniline hydrochloride; or by the action of aniline on para-nitrosophenol or para-nitrosodiphenylamine. The indulines are prepared as mentioned above from aminoazo compounds:

// N------\ NH2·C6H4N2·C6H5 + C5H5NH2 -> HN:C6H3 // \ C6H4, \ N·C6H5 /

(aposafranine)

or by condensing oxy- and amido-quinones with phenylated ortho-diamines (F. Kehrmann, _Ber._, 1895, 28, p. 1714):

HO\ // O H2N \ \ C6H2 // + \ C6H4 = O// \ OH C6H5NH /

O \\ / N·C6H5 \ 2H2O + \\ C6H2 / \ C6H4. HO / \\ N------//

The indulines may be subdivided into the following groups:-- (1) benzindulines, derivatives of phenazine; (2) isorosindulines; and (3) rosindulines, both derived from naphthophenazine; and (4) naphthindulines, derived from naphthazine.

// N------\ // N------\ NH:C6H3 // \ C6H4 NH:C6H3 // \ C10H6 \ N·C6H5 / \ N·C6H5 /

I. Benzindulines. II. Isorosindulines.

// N------\ // N------\ NH:C10H5 // \ C6H4 NH:C10H5 // \ C10H6 \ N·C6H5 / \ N·C6H5 /

III. Rosindulines. IV. Naphthindulines.

The rosindulines and naphthindulines have a strongly basic character, and their salts possess a marked red colour and fluorescence. _Benzinduline_ (aposafranine), C18H13N3, is a strong base, but cannot be diazotized, unless it be dissolved in concentrated mineral acids. When warmed with aniline it yields anilido-aposafranine, which may also be obtained by the direct oxidation of ortho-aminodiphenylamine. _Isorosinduline_ is obtained from quinone dichlorimide and phenyl-[beta]-naphthylamine; _rosinduline_ from benzene-azo-[alpha]-naphthylamine and aniline and _naphthinduline_ from benzene-azo-[alpha]-naphthylamine and naphthylamine.

INDULT (Lat. _indultum_, from _indulgere_, grant, concede, allow), a, papal licence which authorizes the doing of something not sanctioned by the common law of the church; thus by an indult the pope authorizes a bishop to grant certain relaxations during the Lenten fast according to the necessities of the situation, climate, &c., of his diocese.

INDUNA, a Zulu-Bantu word for an officer or head of a regiment among the Kaffir (Zulu-Xosa) tribes of South Africa. It is formed from the inflexional prefix _in_ and _duna_, a lord or master. Indunas originally obtained and retained their rank and authority by personal bravery and skill in war, and often proved a menace to their nominal lord. Where, under British influence, the purely military system of government among the Kaffir tribes has broken down or been modified, indunas are now administrators rather than warriors. They sit in a consultative gathering known as an indaba, and discuss the civil and military affairs of their tribe.

INDUS, one of the three greatest rivers of northern India.

In the Himalaya.

The Shyok affluent.

The Gilgit affluent.

A considerable accession of exact geographical knowledge has been gained of the upper reaches of the river Indus and its tributaries during those military and political movements which have been so constant on the northern frontiers of India of recent years. The sources of the Indus are to be traced to the glaciers of the great Kailas group of peaks in 32° 20´ N. and 81° E., which overlook the Mansarowar lake and the sources of the Brahmaputra, the Sutlej and the Gogra to the south-east. Three great affluents, flowing north-west, unite in about 80° E. to form the main stream, all of them, so far as we know at present, derived from the Kailas glaciers. Of these the northern tributary points the road from Ladakh to the Jhalung goldfields, and the southern, or Gar, forms a link in the great Janglam--the Tibetan trade route--which connects Ladakh with Lhasa and Lhasa with China. Gartok (about 50 m. from the source of this southern head of the Indus) is an important point on this trade route, and is now made accessible to Indian traders by treaty with Tibet and China. At Leh, the Ladakh capital, the river has already pursued an almost even north-westerly course for 300 m., except for a remarkable divergence to the south-west which carries it across, or through, the Ladakh range to follow the same course on the southern side that had been maintained on the north. This very remarkable instance of transverse drainage across a main mountain axis occurs in 79° E., about 100 m. above Leh. For another 230 m., in a north-westerly direction, the Indus pursues a comparatively gentle and placid course over its sandy bed between the giant chains of Ladakh to the north and Zaskar (the main "snowy range" of the Himalaya) to the south, amidst an array of mountain scenery which, for the majesty of sheer altitude, is unmatched by any in the world. Then the river takes up the waters of the Shyok from the north (a tributary nearly as great as itself), having already captured the Zasvar from the south, together with innumerable minor glacier-fed streams. The Shyok is an important feature in Trans-Himalayan hydrography. Rising near the southern foot of the well-known Karakoram pass on the high road between Ladakh and Kashgar, it first drains the southern slopes of the Karakoram range, and then breaks across the axis of the Muztagh chain (of which the Karakoram is now recognized as a subsidiary extension northwards) ere bending north-westwards to run a parallel course to the Indus for 150 m. before its junction with that river. The combined streams still hold on their north-westerly trend for another 100 m., deep hidden under the shadow of a vast array of snow-crowned summits, until they arrive within sight of the Rakapushi peak which pierces the north-western sky midway between Gilgit and Hunza. Here the great change of direction to the south-west occurs, which is thereafter maintained till the Indus reaches the ocean. At this point it receives the Gilgit river from the north-west, having dropped from 15,000 to 4000 ft. (at the junction of the rivers) after about 500 m. of mountain descent through the independent provinces of northern Kashmir. (See GILGIT.) A few miles below the junction it passes Bunji, and from that point to a point beyond Chilas (50 m. below Bunji) it runs within the sphere of British interests. Then once again it resumes its "independent" course through the wild mountains of Kohistan and Hazara, receiving tribute from both sides (the Buner contribution being the most noteworthy) till it emerges into the plains of the Punjab below Darband, in 34° 10´ N. All this part of the river has been mapped in more or less detail of late years. The hidden strongholds of those Hindostani fanatics who had found a refuge on its banks since Mutiny days have been swept clean, and many ancient mysteries have been solved in the course of its surveying.

Indus of the plains.

From its entrance into the plains of India to its disappearance in the Indian Ocean, the Indus of to-day is the Indus of the 'fifties--modified only in some interesting particulars. It has been bridged at several important points. There are bridges even in its upper mountain courses. There is a wooden pier bridge at Leh of two spans, and there are native suspension bridges of cane or twig-made rope swaying uneasily across the stream at many points intervening between Leh and Bunji; but the first English-made iron suspension bridge is a little above Bunji, linking up the highroad between Kashmir and Gilgit. Next occurs the iron girder railway bridge at Attock, connecting Rawalpindi with Peshawar, at which point the river narrows almost to a gorge, only 900 ft. above sea-level. Twenty miles below Attock the river has carved out a central trough which is believed to be 180 ft. deep. Forty miles below Attock another great bridge has been constructed at Kushalgarh, which carries the railway to Kohat and the Kurram valley. At Mari, beyond the series of gorges which continue from Kushalgarh to the borders of the Kohat district, on the Sind-Sagar line, a boat-bridge leads to Kalabagh (the Salt city) and northwards to Kohat. Another boat-bridge opposite Dera Ismail Khan connects that place with the railway; but there is nothing new in these southern sections of the Indus valley railway system except the extraordinary development of cultivation in their immediate neighbourhood. The Lansdowne bridge at Sukkur, whose huge cantilevers stand up as a monument of British enterprise visible over the flat plains for many miles around, is one of the greatest triumphs of Indian bridge-making. Kotri has recently been connected with Hyderabad in Sind, and the Indus is now one of the best-bridged rivers in India. The intermittent navigation which was maintained by the survivals of the Indus flotilla as far north as Dera Ismail Khan long after the establishment of the railway system has ceased to exist with the dissolution of the fleet, and the high-sterned flat Indus boats once again have the channels and sandbanks of the river all to themselves.

Lower Indus and delta.

Within the limits of Sind the vagaries of the Indus channels have necessitated a fresh survey of the entire riverain. The results, however, indicate not so much a marked departure in the general course of the river as a great variation in the channel beds within what may be termed its outside banks. Collaterally much new information has been obtained about the ancient beds of the river, the sites of ancient cities and the extraordinary developments of the Indus delta. The changing channels of the main stream since those prehistoric days when a branch of it found its way to the Runn of Cutch, through successive stages of its gradual shift westwards--a process of displacement which marked the disappearance of many populous places which were more or less dependent on the river for their water supply--to the last and greatest change of all, when the stream burst its way through the limestone ridges of Sukkur and assumed a course which has been fairly constant for 150 years, have all been traced out with systematic care by modern surveyors till the medieval history of the great river has been fully gathered from the characters written on the delta surface. That such changes of river bed and channel should have occurred within a comparatively limited period of time is the less astonishing if we remember that the Indus, like many of the greatest rivers of the world, carries down sufficient detritus to raise its own bed above the general level of the surrounding plains in an appreciable and measurable degree. At the present time the bed of the Indus is stated to be 70 ft. above the plains of the Sind frontier, some 50 m. to the west of it.

Statistics.

The total length of the Indus, measured directly, is about 1500 m. With its many curves and windings it stretches to about 2000 m., the area of its basin being computed at 372,000 sq. m. Even at its lowest in winter it is 500 ft. wide at Iskardo (near the Gilgit junction) and 9 or 10 ft. deep. The temperature of the surface water during the cold season in the plains is found to be 5° below that of the air (64° and 69° F.). At the beginning of the hot season, when the river is bringing down snow water, the difference is 14° (87° and 101° June). At greater depths the difference is still greater. At Attock, where the river narrows between rocky banks, a height of 50 ft. in the flood season above lowest level is common, with a velocity of 13 m. per hour. The record rise (since British occupation of the Punjab) is 80 ft. At its junction with the Panjnad (the combined rivers of the Punjab east of the Indus) the Panjnad is twice the width of the Indus, but its mean depth is less, and its velocity little more than one-third. This discharge of the Panjnad at low season is 69,000 cubic ft. per second, that of the Indus 92,000. Below the junction the united discharge in flood season is 380,000 cubic ft., rising to 460,000 (the record in August). The Indus after receiving the other rivers carries down into Sind, in the high flood season, turbid water containing silt to the amount of 1/229 part by weight, or 1/410 by volume--equal to 6480 millions of cubic ft. in the three months of flood. This is rather less than the Ganges carries. The silt is very fine sand and clay. Unusual floods, owing to landslips or other exceptional causes, are not infrequent. The most disastrous flood of this nature occurred in 1858. It was then that the river rose 80 ft. at Attock. The most striking result of the rise was the reversal of the current of the Kabul river, which flowed backwards at the rate of 10 m. per hour, flooding Nowshera and causing immense damage to property. The prosperity of the province of Sind depends almost entirely on the waters of the Indus, as its various systems of canals command over nine million acres out of a cultivable area of twelve and a half million acres.

See Maclagan, _Proceedings R.G.S._, vol. iii.; Haig, _The Indus Delta Country_ (London, 1894); Godwin-Austen, _Proceedings R.G.S._ vol. vi. (T. H. H.*)

INDUSTRIA (mod. Monteù da Po), an ancient town of Liguria, 20 m. N.E. of Augusta Taurinorum. Its original name was Bodincomagus, from the Ligurian name of the Padus (mod. Po), Bodincus, i.e. bottomless (Plin. _Hist. Nat._ iii. 122), and this still appears on inscriptions of the early imperial period. It stood on the right bank of the river, which has now changed its course over 1 m. to the north. It was a flourishing town, with municipal rights, as excavations (which have brought to light the forum, theatre, baths, &c.) have shown, but appears to have been deserted in the 4th century A.D.

See A. Fabietti in _Atti della Società di Archeologia di Torino_, iii, 17 seq.; Th. Mommsen in _Corp. Inscrip. Lat._ v. (Berlin, 1877), p. 845; E. Ferrero in _Notizie degli Scavi_ (1903), p. 43.

INDUSTRIAL SCHOOL, in England a school, generally established by voluntary contributions, for the industrial training of children, in which children are lodged, clothed and fed, as well as taught. Industrial schools are chiefly for vagrant and neglected children and children not convicted of theft. Such schools are for children up to the age of fourteen, and the limit of detention is sixteen. They are regulated by the Children Act 1908, which repealed the Industrial Schools Act 1866, as amended by Acts of 1872, 1891 and 1901, and parallel legislation in the various Elementary Education Acts, besides some few local acts. The home secretary exercises powers of supervision, &c. See JUVENILE OFFENDERS.

INDUSTRY (Lat. _industria_, from _indu_-, a form of the preposition _in_, and either _stare_, to stand, or _struere_, to pile up), the quality of steady application to work, diligence; hence employment in some particular form of productive work, especially of manufacture; or a particular class of productive work itself, a trade or manufacture. See LABOUR LEGISLATION, &c.

INE, king of the West Saxons, succeeded Ceadwalla in 688, his title to the crown being derived from Ceawlin. In the earlier part of his reign he was at war with Kent, but peace was made in 694, when the men of Kent gave compensation for the death of Mul, brother of Ceadwalla, whom they had burned in 687. In 710 Ine was fighting in alliance with his kinsman Nun, probably king of Sussex, against Gerent of West Wales and, according to Florence of Worcester, he was victorious. In 715 he fought a battle with Ceolred, king of Mercia, at Woodborough in Wiltshire, but the result is not recorded. Shortly after this time a quarrel seems to have arisen in the royal family. In 721 Ine slew Cynewulf, and in 722 his queen Aethelburg destroyed Taunton, which her husband had built earlier in his reign. In 722 the South Saxons, previously subject to Ine, rose against him under the exile Aldbryht, who may have been a member of the West Saxon royal house. In 725 Ine fought with the South Saxons and slew Aldbryht. In 726 he resigned the crown and went to Rome, being succeeded by Aethelheard in Wessex. Ine is said to have built the minster at Glastonbury. The date of his death is not recorded. He issued a written code of laws for Wessex, which is still preserved.

See Bede, _Hist. Eccl._ (Plummer), iv. 15, v. 7; _Saxon Chronicle_ (Earle and Plummer), s.a. 688e, 694, 710, 715, 721, 722, 725, 728; Thorpe, _Ancient Laws_, i. 2-25; Sehmid, _Gesetze der Angelsachsen_ (Leipzig, 1858); Liebermann, _Gesetzeder Angelsachsen_ (Halle, 1898-99).

INEBOLI, a town on the north coast of Asia Minor, 70 m. W. of Sinub (Sinope). It is the first place of importance touched at by mercantile vessels plying eastwards from Constantinople, being the port for the districts of Changra and Kastamuni, and connected with the latter town by a carriage road (see KASTAMUNI). The roadstead is exposed, having no protection for shipping except a jetty 300 ft. long, so that in rough weather landing is impracticable. The exports (chiefly wool and mohair) are about £248,000 annually and the imports £200,000. The population is about 9000 (Moslems 7000, Christians 2000). Ineboli represents the ancient _Abonou-teichos_, famous as the birthplace of the false prophet Alexander, who established there (2nd century A.D.) an oracle of the snake-God Glycon-Asclepius. This impostor, immortalized by Lucian, obtained leave from the emperor Marcus Aurelius to change the name of the town to _Ionopolis_, whence the modern name is derived (see ALEXANDER THE PAPHLAGONIAN).

INEBRIETY, LAW OF. The legal relations to which inebriety (Lat. _in_, intensive, and _ebrietas_, drunkenness) gives rise are partly civil and partly criminal.

I. _Civil Capacity._--The law of England as to the civil capacity of the drunkard is practically identified with, and has passed through substantially the same stages of development as the law in regard to the civil capacity of a person suffering from mental disease (see INSANITY). Unless (see III. _inf._) a modification is effected in his condition by the fact that he has been brought under some form of legal control, a man may, in spite of intoxication, enter into a valid marriage or make a valid will, or bind himself by a contract, if he is sober enough to know what he is doing, and no improper advantage of his condition is taken (cf. _Matthews_ v. _Baxter_, 1873, L.R. 8 Ex. 132; _Imperial Loan Co._ v. _Stone_, 1892, 1 Q.B. 599). The law is the same in Scotland and in Ireland; and the Sale of Goods Act 1893 (which applies to the whole United Kingdom) provides that where necessaries are sold and delivered to a person who by reason of drunkenness is incompetent to contract, he must pay a reasonable price for them; "necessaries" for the purposes of this provision mean goods suitable to the condition in life of such person and to his actual requirements at the time of the sale and delivery.

Under the Roman law, and under the Roman Dutch law as applied in South Africa, drunkenness, like insanity, appears to vitiate absolutely a contract made by a person under its influence (_Molyneux_ v. _Natal Land and Colonization Co._, 1905, A.C. 555).

In the United States, as in England, intoxication does not vitiate contractual capacity unless it is of such a degree as to prevent the person labouring under it from understanding the nature of the transaction into which he is entering (Bouvier, _Law Dict._, s.v. "Drunkenness"; and cf. _Waldron_ v. _Angleman_, 1004, 58 Atl. 568; _Fowler_ v. _Meadow Brook Water Co._, 1904, 57 Atl. 959; 208 Penn., 473). The same rule is by implication adopted in the Indian Contract Act (Act ix. of 1872), which provides (s. 12) that "a person is ... of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests." In some legal systems, however, habitual drunkenness is a ground for divorce or judicial separation (Sweden, Law of the 27th of April 1810; France, Code Civil, Art. 231, _Hirt_ v. _Hirt_, Dalloz, 1898, pt. ii., p. 4, and n. 4).

II. _Criminal Responsibility._--In English law, drunkenness, unlike insanity, was at one time regarded as in no way an excuse for crime. According to Coke (Co. Litt., 247) a drunkard, although he suffers from acquired insanity, _dementia affectata_, is _voluntarius daemon_, and therefore has no privilege in consequence of his state; "but what hurt or ill soever he doth, his drunkenness doth aggravate it." Sir Matthew Hale (P.C. 32) took a more moderate view, viz. that a person under the influence of this voluntarily contracted madness "shall have the same judgment as if he were in his right senses"; and admitted the existence of two "allays" or qualifying circumstances: (1) _temporary_ frenzy induced by the unskilfulness of physicians or by drugging; and (2) _habitual_ or fixed frenzy. Those early authorities have, however, undergone considerable development and modification.

Although the general principle that drunkenness is not an excuse for crime is still steadily maintained (see Russell, _Crimes_, 6th ed., i. 144; Archbold, _Cr. Pl._, 23rd ed., p. 29), it is settled law that where a particular intent is one of the constituent elements of an offence, the fact that a prisoner was intoxicated at the time of its commission is relevant evidence to show that he had not the capacity to form that intent. Drunkenness is also a circumstance of which a jury may take account in considering whether an act was premeditated, or whether a prisoner acted in self-defence or under provocation, when the question is whether the danger apprehended or the provocation was sufficient to justify his conduct or to alter its legal character. Moreover, _delirium tremens_, if it produce such a degree of madness as to render a person incapable of distinguishing right from wrong, relieves him from criminal responsibility for any act committed by him while under its influence; and in one case at _nisi prius_ (_R._ v. _Baines_, _The Times_, 25th Jan. 1886) this doctrine was extended by Mr Justice Day to temporary derangement occasioned by drink. The law of Scotland accepts, if it does not go somewhat beyond, the later developments of that of England in regard to criminal responsibility in drunkenness. Indian law on the point is similar to the English (Indian Penal Code, Act. xlv. of 1860, ss. 85, 86; Mayne, _Crim. Law of India_, ed. 1896, p. 391). In the United States the same view is the prevalent legal doctrine (see Bishop, _Crim. Law_, 8th ed., i, ss. 397-416). The Criminal Code of Queensland (No. 9 of 1899, Art. 28) provides that a person who becomes intoxicated intentionally is responsible for any crime that he commits while so intoxicated, whether his voluntary intoxication was induced so as to afford an excuse for the commission of an offence or not. As in England, however, when an intention to cause a specific result is an element of an offence, intoxication, whether complete or partial, and whether intentional or unintentional, may be regarded for the purpose of ascertaining whether such intention existed or not. There is a similar provision in the Penal Code of Ceylon (No. 2 of 1883, Art. 79). The Criminal Codes of Canada (1892, c. 29, ss. 7 et seq.) and New Zealand (No. 56 of 1893, ss. 21 et seq.) are silent on the subject of intoxication as an excuse for crime. The Criminal Code of Grenada (No. 2 of 1897, Art. 51) provides that "a person shall not, on the ground of intoxication, be deemed to have done any act involuntarily, or be exempt from any liability to punishment for any act: and a person who does an act while in a state of intoxication shall be deemed to have intended the natural and probable consequences of his act." There is a similar provision in the Criminal Code of the Gold Coast Colony (No. 12 of 1892, s. 54). Under the French Penal Code (Art. 64), "_il n'y a ni crime, ni délit, lorsque le prévenu était en état de démence au temps de l'action ou lorsqu'il aura été contraint par une force à laquelle il n' a pu résister_." According to the balance of authority (Dalloz, _Rép._ tit., Peine, ss. 402 et seq.) intoxication is not assimilated to insanity, within the meaning of this article, but it may be and is taken account of by juries as an extenuating circumstance (Ortolan, _Droit Pénal_ i. s. 323: Chauveau et Hélie i. s. 360). A provision in the German Penal Code (Art. 51) that an act is not punishable if its author, at the time of committing it, was in a condition of unconsciousness, or morbid disturbance of the activity of his mind which prevented the free exercise of his will, has been held not to extend to intoxication (Clunet, 1883, p. 311). But in Germany as in France, intoxication may apparently be an extenuating circumstance. Under the Italian Penal Code (Arts. 46-49) intoxication--unless voluntarily induced so as to afford an excuse for crime--may exclude or modify responsibility.

So far only the question whether drunkenness is an excuse for offences committed under its influence has been dealt with. There remains the question how far drunkenness itself is a crime. Mere private intoxication is not, either in England or in the United States (Bishop, _Crim. Law_, 8th ed., i. s. 399) indictable as an offence at common law; but in all civilized countries public drunkenness is punishable when it amounts to a breach of the peace (see LIQUOR LAWS) or contravention of public order; and modern legislation in many countries provides for deprivation of personal liberty for long periods in case of a frequent repetition of the offence. Reference may be made in this connexion to the Inebriates Acts 1898, 1899 and 1900 (see iii. _inf._), and also to similar legislation in the British colonies and in foreign legal systems (e.g. Cape of Good Hope, No. 32 of 1896; Ceylon, Licensing Ordinance 1891, ss. 23, 24, 29; New South Wales, Vagrants Punishment Act 1866; Massachusetts, Acts of 1891, c. 427, 1893, cc. 414, 44; France, Law of 23rd of Jan. 1873, Art. 6).

III. _State Action in Regard to Inebriety._--This assumes a variety of forms. (a) Measures regulating the punishment of occasional or habitual drunkenness by fines or short terms of imprisonment. (b) Control in _penal_ establishments for lengthened periods. (c) Laws prohibiting the sale of liquor to persons who are known inebriates: e.g. in England (Licensing Act 1902); Ontario (Rev. Stats. 1897, c. 245, ss. 124, 125); New South Wales (Liquor Act 1898, ss. 52, 53); Cape of Good Hope (No. 28 of 1883, s. 89); New York (Rev. Stats. 1889-1892, c. 20, Title iv.); California (Act to prevent sale of liquor to drunkards, 1889); Massachusetts (Pub. Stats., ed. 1902, c. 100, s. 9). (d) Laws regulating the appointment of some person or persons to act as guardian or guardians, or who may be endowed with legal powers over the person and estate of an inebriate. Thus in France (Code Civil, Arts. 489 et seq.), Germany (Civil Code, Art. 6 (39)) and Austria-Hungary (_Bürgerliches Gesetz-Buch_, ss. 21, 269, 270, 273), an inebriate may be judicially interdicted if he is squandering his property and thereby exposing his family to future destitution. Provision is also made for the interdiction of inebriates by the laws of Nova Scotia (Rev. Stats. 1900, c. 126, s. 2), Manitoba (Rev. Stat. 1902, c. 103, ss. 30 et seq.), British Columbia (Rev. Stat. 1897, c. 66), New South Wales (Inebriates