we have herewith sent copies of such commissions (if they may properly be so called), they being only defensive, and were granted by the Deputy Governor (contrary to the mind of the then Governor), and he not knowing the due form and method in such cases, took no bonds, concluding as he hath solemnly declared, that they were bound upon a merchandizing voyage ; their design being unknown to the authority.
Your Lordships are further pleased to require copies of the tryall of George Cutler and Robert Munday, with all proceedings from first to last, relating to the same ; and of all other persons and things in the like case. Likewise a copy of the laws and Acts of this government, all which we have accordingly done. Humbly submitting ourselves to your Lordships' favorable constructions upon any thing that may therein be found amiss ; we being wholly ruled and governed by the good and wholesome [laws] of our Mother, the kingdom of England, as far as the constitution of our place will bear ; and we doubt not, but your Lordships are sensible that in these remote parts, we cannot in every punctilio follow the niceties of the laws of England ; but it will be a great damage to his Majesty's interest in the settling and peopling the country.
We do also acknowledge the receipt of your Lordships' letter bearing date Whitehall, February the 3d, 1698–9, with his Majesty s Instructions, relating to the observation of the Acts of trade, &c. ; all which we kindly accept, and shall with the best of our endeavors comply with the same, and we do further acknowledge the receipt of a letter bearing date Whitehall, January the 24th, 1698–9 (the which came to our hands the 24th instant), wherein his Majesty gives us to understand, that severall ships of force have been fitted out of Scotland, with an intent to settle in some parts of America, contrary to his Majesty's knowledge, forbidding of us to hold any correspondency with them, whilst they are engaged in the aforesaid enterprise ; commanding us to send your Lordships an account of our proceeds therein. In obedience to which, we forthwith issued out a Proclamation concerning the same, a copy of which, we herewith send you, and it shall be our further endeavor to see it duly executed.
And may it please your Lordships to accept this further information : that on the beginning of April last, arrived a ship upon our coast, which was by the men that did belong to her, sunk, as they have since confessed. It was a hagboat, of about four hundred tons, belonging to London, bound for the Island of Borneo, in the East India, whereof one Capt'n Gullop was Commander. And at the Island of Polonoys, near
