Concerning the Interloquitor in the Action of Reduction upon Minority and Lesion, at the instance of the Duke and Duchess of Monmouth, against the Earl of Tweedale and his Lady.  
Precedent Stairs having then great Power and Influence in the Judicatory, was so devoted to the Duke and Duchess of Monmouth, that both he and his Son Sir John, were Commissioners in ordering and managing Their Estate here; And the said Sir John, was their Advocate in that Process.  
The Lord Melvil presuming upon that Interest, and the intimate Friendship he had with the Precedent, and having the managing of that Estate, the Friends of the Name and Family being laid aside, to endear himself and his Service as more concerned for their Interest than all the Friends Curators, and Commissioners, and Lawyers; and His late Majesty Himself, who had interveened in the transaction with Tweedale and his Lady, both as Arbiter; And there after as Party and Garrantee, and taken burden that it should not be questioned upon pretence of Minority: He did after they were of perfect Age, advise that the same should be questioned by a Process of Reduction at her instance upon the reason of Minority and Norm Lesion, and did insist in the same, until one Interloquitor was obtained, which was in effect a sentence as to the most material points, being in Jure and relevancy. So that there needs no probation of the same.  
Reductions of transactions so solemn, are so unfavourable, that if the pursuers after they are of Age, do ratify the same, either expressly or tacitly by making use thereof, or doing any Act that may import the least homologation and acqiescing thereunto, they are so concluded, that the Allegiance of homologation, is relevant and eleids any Process of Reduction; and yet Alleadgiance of homologation founded upon the Duke and Duchess their giving Warrant after they were of perfect Age, to their Commissioners, to call for the Money due by Tweedale upon the said transaction, and another homologation founded upon an Alleadgiance proponed by the Duke and Duchess, their Advocates, in a Process betwixt them and a third Person upon the right of Hassindean, given to them by Tweedale upon the said transaction, were both repelled. The first, upon pretence that nothing had followed upon the same. And the Second, because the Duke and Duchess recovered no benefit upon the said Alleadgiance, which pretences were most frifulous, seeing Law doth not consider whether any thing follow upon such homologations, or whether any benefit was recovered thereupon, but whether homologations did follow upon the transactions questioned, and persuites and defences founded upon transactions in Law, are pregnant ratification the same, Et qui accepit agit.  
By the said Interloquitor, it is found, that Francis Earl of Buccleugh being named by his Father, Walter Earl of Buccleugh, Executor and Universal Intromettor, without any mention of a Legacy left to him, was nevertheless Universal Legator as to the Deed's part, upon pretence that the Defunct did appoint the Tutors to apply the readiest of the Earl's Goods, Geire, and Rents, for satisfying his Debts; by which Article of the Interloquitor, the half of the Lady Tweedale's Interest, and share of her Father's Exequetrie is cut off without any Warrant or Ground in Law, seeing Universal Legacies in prejudice of Children, and nearest of Kin are always, and aught to be in clear and in direct and formal words, viz. That a Person should be named Universal Legator, or that the Defunct should expressly leave in Legacy to him his part, or in such like words; Whereas the said Earl Walter, who was in that quality, that in making his Testament, he could not want the advice of Lawyers and Writers, that knew the form and conception of Testaments, and Univeral Legacies, did name his Son his Executor and Universal Intrometor, without leaving to him any Legacy, either particular, or Universal: And the said Clause anent his Goods, and applying the Rents to the use aforesaid, is only an Order and Direction to the Tutors, to manage so his Estate, that the Rents should be applied in manner aforesaid; and that they should be comptable yearly, to that purpose.  
By the said Interloquiter, there is a great part of the Lady Tweedale Her Claim and Share in her Father's Exequetrie cut off, in so far as it is found that Annual rent is not due, for the Sums contained in a Decreet obtained immediately after; And in pursuance of the said Transaction, at the instance of the Lady Tweedale against the Duke and Duchess; Albeit, the said Sums being due to the said Lady, as Executrix to David Her Brother, it was found most justly by the said Decreet. Upon a full debate in Foro, that Annual rent was due for the same, until the death of David, in Anno 1648. In respect the said Sums; David being Pupil and Minor, was not only pecuni● Pupillaris, but was in the hands of the said Earl Francis and his Tutors, and applied by them for payment of the said Earls Debts and Annual rents; and he having that use and benefit of David's Money Annual rent, was therefore due not as usura but as interest, because nemo debit locupletare cumaliena jactura; And it was a favour to the Duke and Duchess, that Annual rent was only discerned until the time aforesaid, and not until the Date of the said Decreet in Anno 1667. And there after until payment, seeing Annual rent being once due and currant; and the same reason continuing, viz. that they had the use and benefit of the Money belonging to David, and the Countess, in his Right Annualrent continued to be due, and could not sister until payment.  
There was due to Lady Mary Scott, one of the Bairnes and nearest of Kin to the said Walter Earl of Buccleugh, her part of his Exequetrie and movable Estate, but she being deceased before the Lady Tweedale was Married, her part aforesaid fell and belonged equally to the Lady Tweedale, and David her Brother, who did survive the Lady Tweedale her Marriage; and the Lady Tweedale having by her contract of Marriage, discharged and renounced that which might have faslen to her by decease of the said Lady Mary, and the said David having thereafter deceased, that which fell to him of the said Lady Mary her part, did by his death accrue and belong to the said Lady Tweedale; and albeit the subject of all dispositions and renunciations of what may fall to any Person by the decease of another, is limited and understood to be that which had fallen to them at the time of their renouncing and disponing the same, seeing what, after such rights doth fall to them, was not existing, and is non ens, and not cogitatum in the time of such renunciations: And what is given to them for the said rights, is only given proportionably and with respect, and in contemplation of their present Right; and not of that which did not then belong to them, not so much as in spe or appearance but to another; and for the reason aforesaid, it was found by Decreet  in Foro, that the Lady Tweedales' renunciation of that which may fall to her by Decease of the Lady Mary, could not be extended to that which she had not at the time of the Contract of Marriage of the Lady mary part, and which did thereafter, fall and accrue to her by the supervenient death of the said David; yet it was found by the said Interloquitor, that the Lady Tweedale, her discharge and renunciation in her contract of Marriage, doth seclude her from any part of Lady Mary her Means.  
The aforesaid debate mentioned in the Sections, immediately preceding, concerning the said Universal Legacy in favours of Francis Earl of Buccleugh, and Annual rent of the Sums due to the Lady Tweedale and Lady Mary, her part that fell where after her Contract of Marriage and Renunciation being in apicibus juris, and agitat, and decided by the aforesaid Decreet in Foro, in favours of the Earl of Tweedale and his Lady; Nevertheless, the Alleadgiance proponed by them, and founded unanswerably upon the said Decreet, was repelled by the aforesaid Interloquitor, and the Duke and Duchess reponed against the same, upon these pretences, mentioned in the Interloquitor, viz. First, that the said Decreet was passed in order to the said Transaction betwixt the Duke and Duchess, and Tweedale and his Lady. And Secondly, That it was during their Minority; Whereas, to the said first pretence, seeing that it was not pretended that it was given unjustly, the passing of it in order to the said Transaction, should have rather been a motive for sustaining the same as unquestionable, in respect it is the ordinary and the great security of the People, and the Interest of Minors, that Transactions and Bargains may be made with them, when there is a necessity to sell or dispose of their Lands or Goods, or to Transact for avoiding inextricable Pleas; and therefore besides their Tutors, and Curators of their Parents, of their own choice, the Law provides for obviating all suspicions of Fraud and Lesion, that such Transactions and Bargains concerning them, should be Authorised by Decreets of the Ordinary Judges, and ex Religione & authoritate Judicis; it is presumed; presumptione juris, that Transactions Authorised by Decreets, are without any Lesion, and just, and for the advantage of Minors, and aught to be unquestionable, otherwise, that severity (both to Minors and others, who contracteth with them de rebus minorum sine Decreto, non alienandis introduced by the Common-Law, and the custom of this and other Nations) should be altogether ineffectual and to no purpose.  
The pretence of Minority for reponing the Duke and Duchess to their defences against the said Decreet; and in special, anent the points aforesaid is most frivoulous and unwarrantable, in respect they could not be reponed to any defences, but such as were omitted for them: whereas their defences, as to the said particulars, was not omitted, but vigorously and fully proponed and argued, and the Judge's Sentence following upon a full debate, cannot be said to be any deed or omission of Minors through the frailty of their age, being the deed and decision of the supreme Judge, which is presumed to be, and aught ever to be just, whatever the quality or age of the Persons concerned, or Pleading before them be: And there can be nothing more derogatory to the Honour and Justice of Courts then that their decisions in Jure, which are ever eidem, should be unjust against Minors; and super iisdem deductis, there should be contrary decisions upon no other pretence, but that they were Minors when the former was given.  
It is found by the said Interloquitor, that His Majesty's interposition in the said Transactions can have no effect if it should appear by the event of that Process, that the matter was not sufficiently represented to His Majesty, which appears to be very strange and unwarrantable, both as to the form and matter, seeing the question whether His Majesty's Interposition should be effectual or not, was not then, nor could be under debate, unless there had been a reduction intented in behalf of His Majesty, for reducing the late King His Obligement, whereby he became Garrantee, and took burden, and was obliged that the Duke and Duchess should ratify at their perfect Age, which by the said Interloquitor, is extended to be but ●ne Interposition, tho' it be a most clear and pregnant Obligement; And the King in the said Process, wherein the said Interloquitor is given, is not Party either as Persuer or Defender, and intimation is only made to his Advocate of the said Process, which is of course, and aught to have been done in Law and Form by Tweedale and his Lady: And as to the matter if the said discharge and Obligement, had been questioned by a Libelled Summons, and Reduction in behalf of His Majesty upon that pretence, that the time of the said Transaction, the matter was not sufficiently representing to His Majesty; the Lord and Lady Tweedale, would have had a most relevant defence to elide the same, viz. that His Majesty being Major and Sciens, and prudent did take burden for the Minors, and did oblige himself in manner aforesaid; and should have considered then, whether the matter was sufficiently represented, and if he did not, it was not Tweedale nor his Lady's fault, nor could be a ground of Reduction of the King's Obligement; but the mistake in the said Interloquitor was, that it was not considered that there was a great difference betwixt His Majesty's acting in His Royal capacity, and giving Grants and Gifts to His Subjects, and His Majesty's acting as privatus and cuilibet in Contracts and Transactions, and as a Party, and obliged for performance of the same; seeing Royal Favours and Grants may be, and are often elicited by suggestion and misrepresentation, by subreption or obreption, which is never thought to be incident to Transactions or Obligements, which are the result of Treaty and Debate, and great deliberation: And as a private Person could not without absurdity, pretend to be free of a Transaction or Obligement to Warrant the same, upon so frivulous a pretence, that the matter was not fully represented; much less the Transactions and Obligements of Princes can be questioned upon the same, seeing above all others in Their Transactions, Bone Fides, and Justice and Honour is said to Exuberat. And it is not conceived that upon the event of a Process so long after it can appear that the matter was not fully represented, the time of the said Transaction in respect whatever the Issue of the Process be, in Jure it cannot be known by the same what was represented, the said Transaction that being in Fact: And it cannot be thought Tweedale and his Lady would not fully represent the matter as to themselves, and their own Interest; and if what did concern the adverse Party, was not represented for them by their Commissioners, Curators, and Lawyers, it cannot be imputed to Tweedale or his Lady, or enervate the said Transaction and the King's Obligement: But it is not to be presumed the Integrity and Ability of so many Persons of Quality, that was concerned in the said Transaction in behalf of the Duke and Duchess, being considered that the matter was not fully represented for them; and it appears by the said Decreet, at the Instance of Tweedale and his Lady; so soon after and in pursuance of the said Transaction, that all the said grounds and subtleties whereupon the said Interloquitor proceeds, was then fully represented.  
From the Premises and what is represented in the other Paper, given in for Tweedale and his Lady, it evidently appears that with great patience and diligence, they have been at great trouble and charge to defend against so long and tedious a Process, that nothing has been omitted, that could be said or done in the same; and the Duke and Duchess being conscious that Tweedale and his Lady had gotten so hard a measure, and being content to remit a very considerable part of what Tweedale would have been forced to pay upon the aforesaid Interloquitor and decreet, that would have followed upon it; The Earl of Tweedale and his Lady by their accepting the said ease, and granting a Bond for a far less Sum, has done nothing in prejudice of the said Transaction; and by the contrary, if they had not accepted of the Terms aforesaid, it might have been obtruded to them, that they had prejudged both themselves and the King. And therefore it is humbly desired, and expected from His Majesty's Justice and Goodness, that a course may, and will be taken for their Relief conform to the said Transaction, and His late Majesty's Obligement.