Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
Brown v. The Town of Edinburgh
Date: 20 February 1707
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The Town of Edinburgh having fined one Brown, for keeping and setting of chairs and sedans for hire, whereas they had given the sole privilege thereof to one Mrs Hay and Thomas Dunnet her husband; Brown suspended on this reason, That such a gift, being a monopoly, was contrary to law, and ought not to be allowed; and it were singular, if the Town of Edinburgh could assume that power which the Queen and Parliament did not. And, by the same rule, they might authorise two or three gardeners to sell kail and leeks, or other pot-herbs, and discharge all others; and so in other trades and species of goods: which is absurd.
Answered,—The Town has been in use to gratify decayed burgesses with such gifts as thir; and she was ready to serve as cheap as any other.
The Lords thought the preparative bad; and therefore sustained the reason of suspension, and assoilyied him from the fine.
