Ʋnto his Grace, His Majesties high Commissioner; and the right Honourable the Estates of Parliament The PETITION of Henry Borthwick Son to the Deceast William Borthwick Chyrurgian Apothecary.
THat where my deceast Father by his Nomination dated the 18th. of February, 1689. years, did nominat and appoint Sir Thomas Stuart of Balcaskie, Sir John Fowlis of Ravelstoun Sir John Young of Leny John Stuart of Garntilly, Mr. John Menzies Advocat, Archbald Young Brother German to the said Sir John Young, and Mr. Robert Lawder of Beillmonth to be my Tutors, recomending the same persons to be chosen by me for my Curators with this express proviso that they should be no farder lyable by the acceptation of the saids Offices than conform to their actual Intromissions allenarly, and should no ways be holden to compt for such Omissions, but only to do such Diligence as any provident man is in use to do in his own Affairs, dispensing with all Laws and Pratiques in the contrary, upon the faith of which Nomination and foresaid Conditions therein exprest, my said Tutors accepted but now that the Tutory is ended, and I have in Obedience to my Fathers Recomendation chosen the said Sir Thomas Stuart, Sir John Fowlis, Mr. John Menzies, and Archbald Young to be my Curators they demurr to accept and are grown doubtful of the forsaid Provision in my Fathers Nomination in their Favours, whereby it happens that both they and all others stand off from medling in my Affairs and and I am like to be quite destitute of all Assistance of Friends, during my whole Minority, notwithstanding that my Father left much Business, and particulary many Book Debts that are like to perish for want of the Assistance forsaid, and seing that this case is extraordinar, and that my said Friends have already acted upon the Faith of the said Nomination, as also that our Law has no Remedy, when all persons refuse to be Curators, His Majesties Care of Minors, extending no farder than Pupiliarity.
May it therefore please your Grace and Lordships, in consideration of the Premisses, to interpose your Authority to the said Nomination and Provision therein exprest, in favours of may said Tutors and Curators, to the effect they may both accept for the future, and be safe both as to bygons, and in time coming, for all their Actings conform to the Trust, and free of all hazards, whereof my Father has expresly freed them. And your Grace and Lordships Petitioner shall ever pray.