— 343 —
      §22. But is not a Man Drunk and Sober the same Person, why
else is he punish’d for the Fact he commits when Drunk, though he
be never afterwards conscious of it? Just as much the same Person,
as a Man that walks, and does other things in his sleep, is the same
Person, and is answerable for any mischief he shall do in it. Humane
— 344 —
Laws punish both with a Justice suitable to their way of Knowledge:
Because in these cases, they cannot distinguish certainly what is
real, what counterfeit; and so the ignorance in Drunkenness or
Sleep is not admitted as a plea. For though punishment be annexed
to personality, and personality to consciousness, and the Drunkard
perhaps be not conscious of what he did; yet Humane Judicatures
justly punish him; because the Fact is proved against him, but want
of consciousness cannot be proved for him. But in the great Day,
wherein the Secrets of all Hearts shall be laid open, it may be
reasonable to think, no one shall be made to answer for what he
knows nothing of; but shall receive his Doom, his Conscience
accusing or excusing him.
Locke Hum II, 27, §22, pp. 343-344