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<note>Power §4</note> | <note>Power §4</note> | ||
<del>O</del><lb/> <p>One branch of the policy referable to this head<lb/>may be <sic>consider'd</sic> here. There are cases in which<lb/>the power of doing mischief may commodiously enough<lb/>be taken away by <del>taking away </del> <add><del>removing</del> excluding</add> [the <foreign><hi rend="underline">irritamenta<lb/>malorum</hi></foreign>] the subjects or instruments of offence out<lb/>of a mans reach such things as are liable to be<lb/>made the subjects or the instruments of offence<lb/>delinquency. In these cases the <note>policy of the senate<lb/>may be compared to the<lb/>policy of the nursery, in<lb/>which the windows are<lb/>fenced round with iron<lb/>bars, the fire-place with<lb/>high fenders and knives &<lb/>scissors | <del>O</del><lb/> <p>One branch of the policy referable to this head<lb/>may be <sic>consider'd</sic> here. There are cases in which<lb/>the power of doing mischief may commodiously enough<lb/>be taken away by <del>taking away </del> <add><del>removing</del> excluding</add> [the <foreign><hi rend="underline">irritamenta<lb/>malorum</hi></foreign>] the subjects or instruments of offence out<lb/>of a mans reach such things as are liable to be<lb/>made the subjects or the instruments of offence<lb/>delinquency. In these cases the <note>policy of the senate<lb/>may be compared to the<lb/>policy of the nursery, in<lb/>which the windows are<lb/>fenced round with iron<lb/>bars, the fire-place with<lb/>high fenders and knives &<lb/>scissors laid <add>up</add> carefully out of reach<lb/></note> <del>policy of the sovereign <add>is may be compared to</add><lb/> is the policy of the <add> <gap/> or careful</add> nurse who keeps her nursling from<lb/>burning himself by high fenders, from falling out of the window by a <unclear>line</unclear> of bars, & from<lb/>wounding himself by keeping<lb/>the knives & the scissors<lb/> out of his way.<lb/></del></p><p><del>The prohibition of the Forbidding</del> <add>The restraints which are or might be laid on</add> the sale and<lb/>manufacture of instruments of coining, of pick-lock<lb/>keys, of poisonous drugs, of weapons that may easily <lb/>be concealed, of implements of gaming that are in<lb/>use <del>only</del> for <add>such</add> games only as depend solely upon<lb/>chance<lb/><!-- blank space left here --> | ||
all these precautions though referable to another head <add>other heads</add><lb/>are referable to this.<lb/></p><p>The same made be said of the provisions which <del>forbid</del> <add>restrain</add><lb/>the <add>right of</add> keeping of nets <del>and</del> <add>or</add> other <del><gap/></del> implements for catching game.<lb/></p><p>Sumptuary laws <del>may also be referred</del> <add>are also referable</add> to this head<lb/>in as far as they <del>concern</del> prohibit <add>not the use only but</add> the introduction of the<lb/>articles which are the objects of the legislator's jealousy. The<lb/>laws of Sparta are the most celebrated on this head. The<lb/><sic>pretious</sic> metals were banished: <note>Xenoph. Laecd. polit. c. 7. 14.<lb/></note> strangers were excluded: travelling<lb/>was forbidden.<note>ibid. c. 14.<lb/></note>I know of no modern instance where the <add>restraint is laid on the fabrication or</add> introduction of the<lb/>article. <del>is forbidden</del>. The laws of Geneva relating to diamonds,<lb/><add>laces</add> furs, and other expensive articles of dress, extend only to the wearer. <note>See Ordonnances<lb/>somptuaires de la Republique<lb/>de Geneve. 1772.<lb/></note></p><pb/> | |||
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5
Indirect Legislation
Power §4
O
One branch of the policy referable to this head
may be consider'd here. There are cases in which
the power of doing mischief may commodiously enough
be taken away by taking away removing excluding [the irritamenta
malorum] the subjects or instruments of offence out
of a mans reach such things as are liable to be
made the subjects or the instruments of offence
delinquency. In these cases the policy of the senate
may be compared to the
policy of the nursery, in
which the windows are
fenced round with iron
bars, the fire-place with
high fenders and knives &
scissors laid up carefully out of reach
policy of the sovereign is may be compared to
is the policy of the or careful nurse who keeps her nursling from
burning himself by high fenders, from falling out of the window by a line of bars, & from
wounding himself by keeping
the knives & the scissors
out of his way.
The prohibition of the Forbidding The restraints which are or might be laid on the sale and
manufacture of instruments of coining, of pick-lock
keys, of poisonous drugs, of weapons that may easily
be concealed, of implements of gaming that are in
use only for such games only as depend solely upon
chance
all these precautions though referable to another head other heads
are referable to this.
The same made be said of the provisions which forbid restrain
the right of keeping of nets and or other implements for catching game.
Sumptuary laws may also be referred are also referable to this head
in as far as they concern prohibit not the use only but the introduction of the
articles which are the objects of the legislator's jealousy. The
laws of Sparta are the most celebrated on this head. The
pretious metals were banished: Xenoph. Laecd. polit. c. 7. 14.
strangers were excluded: travelling
was forbidden.ibid. c. 14.
I know of no modern instance where the restraint is laid on the fabrication or introduction of the
article. is forbidden. The laws of Geneva relating to diamonds,
laces furs, and other expensive articles of dress, extend only to the wearer. See Ordonnances
somptuaires de la Republique
de Geneve. 1772.
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