RECORDS OF THE
COLONY and PLANTATION of
From 1638 to 1649.
Transcribed and edited in accordance with a resolution
of the General Assembly of Connecticut.
by Charles J. Hoadley, M.A.
Hartford: Printed by Case, Tiffany and Comany,
for the Editor.
[Transcribed by Coralynn Brown]
of the Plantation of New Haven.
Articles of agreement betweene Theophilus Eaton & John Davenport & others, English planters att Quinopiocke on the one partye & Momaugin ye Indian Sachem of Quinopiocke & Sugcogisin, Quesaquauch, Caroughood, Wesaucucke & others of his counsell on the other partye, made & concluded the 24th of Novemb 1638. Thomas Stanton being interpreter.
That hee ye said sachem, his counsell & company doe jointly profess, affirme & covent, that ye sd Monaugin is the sole sachem of Quinopiocke, & hath an absolute and independent power to give, alien, dispose or sell, all or any part of the lands in Quinopiocke, & that though he have a son now absent, yet neither his sd son, nor any other person whatsoever hath any right title or interest in any part of the sd lands, soe that whatsoever he, ye forenamed sachem, his counsell & ye rest of ye Indians present doe & conclude, shall stand firme & inviolable against all claims & psous whatsoever.
Secondly ye sd sachem, his counsell & company, amongst which there was a squaw sachem called Shampishuh sister of ye sachem, whoe either had or pretended some interest in some part of ye land, remembring & acknowledging the heavy taxes & eminent dangers wch they lately felt & feared from ye Pequotts, Mohauks & other Indians, in regard of which they durst not stay in their country, but were forced to flie & to seek shelter under the English at Connecticutt, and observing ye safety & ease ye other Indians enjoy neare ye English, of which benefit they have had a comfortable tast already since the English began to build & plant at Quinopiocke, which wth all thankfullness they now acknowledged. They jointly & freely gave & yeilded up all ye right, title & interest to all ye land, rivers & ponds, trees with all ye libertyes & appurtenances belonging unto ye same in quinopiocke to ye utmost of their bounds East, West, North, South unto Theophilus Eaton, John Davenport & others, the prsent English planters there, & to their heires & assignes for ever, desiring from ym ye sd English planters to receive such portion of ground on the East side of the Harbour towards ye fort at ye mouth of ye river of Connecticott as might be sufficient for them, being but few in number, to plant in; and yet within these limitts to be hereafter assigned to them, they did covent & freely yeild up unto ye sd English all the meadow ground lieing therein, with full liberty to chuse & cut down what timber they please, for any use whatsoever, without any question, license or consent to be asked from them ye sd Indians, and if, after their portion & place be limited & set out by the English as above, they ye sd Indians shall desire to remove to any other place within Quinopiocke bounds, but without ye limitts assigned them, that they doe it not without leave, neither setting up any wigwam, nor breaking up any ground to plant corne, till first it be sett [ou]t & appointed by ye forenamed English planteres for them.
Thirdly ye sd sachem, his counsell & company desireing liberty to hunt & fish [withi]n the bounds of Quinopiocke now given & granted to the English as before doe [hereby] jointly covent & bind themelves to sett noe traps neare any place where ye [ ] whether horses, [ox]en, kine, calves, sheep, goates, hoggs or any sort [ (a line or two worn off) to take] any fish out of any ware belonging to any English, nor to doe any thing neare any such ware as to di[sturb] or affright away any fish to ye ptjudice of such ware or wares; & that upon discovery of any inconvenie[en]cy growing to ye English by the Indians disorderly hunting, their hungting shalbe regulated and limited for prventing of any inconvenience, & yet with so little damage to ye Indians in their hunting as may be.
Fourthly, ye sd sachem, his counsell & company doe hereby covenant and bind themselves yt none of them shall henceforth hanker about any of ye English houses at any time when the English use to meete about the publique worship of God; nor on ye Lords day henceforward bee seene within ye compass of ye English towne, beareing any burdens, or offring to truck with ye English for any commodity whatsoever, & ye none of ye henceforward without leave, open any latch belonging to any English mens dore, nor stay in any English house after warneing that he should leave the same, nor doe any voilence, wrong, or injury to ye pson of ye English whether man, woman or child, upon any prtence whatsoever, and if the English of this plantation, by yourselves or cattle, doe any wrong or damage to ye Indians, upon complaint, just recompence shalbe made by ye English; and yt none of ye henceforward use or take any English mans boate or canoe of what kind soever, from ye place where it was fastened or layd, without leave from the owner first had & obtayned, nor yt they come into ye English towne wth bowes & arrowes, or any other weapons whatsoever in number above 6 Indyans soe armed at a time.
Fiftly ye sd sacham, his counsell & company doe truly covenant & bind yourselves yt if any of ym shall hereafter kill or hurt any English cattle of wt sort soever, though casually or negligently, they shall give full satisfaction for the loss or damage as the English shall judge equall, But if any of ym for any respect, willingly doe kill or hurt any of the English cattle, upon proofe, they shall pay ye double valew. And if, at any time, any of them find any of the English cattle starving or lost in the woods, they shall bring them backe to the English plantation, & moderate price or recompence shallbe allowed for they paynes, provided, if it can be proved yt any of y drove away any of ye English cattle wheresoever they find them, further from ye English plantation to make an incre[ase] or advantage, or recompence for his paynes finding or bring y back, they shall in any such case pay damages for such dealings.
Sixthly, the number of ye Quinopyocke Indyans, me[n] or youth growne to stature fit for service being forty seven at p'sent, they doe covenant and blind ymselves not to receive, or admitt any other Indians amongst them without leave first had & obtayned from ye English, & that they will not, at any time hereafter, entertaine or harbor any that are enemies to ye English, but will prsently apprehend such & deliver ym to ye English, and if they know or heare of any plott by yhe Indyans or others against ye English they will forthwith discover & make ye same knowne to ym & in case they doe not, to be accounted as partyes in ye plott, and to be proceeded against as such.
Lastly, ye sd scahem, his counsell & company doe hereby promise truly & carefully to observe & keepe all & every one of these articles of agreemt, & if any of ym offend in any of ye promisses, they jointly hereby subject & submitt such offendo or offendos to ye consideration, censure & punishmt of the English magistrate or officers appointed among them for government without expecting yt ye English should first advise with y about it, yet in any such case of punishmt, if the sd sachem shall desire to know the reason & equity of such pceedings, hee shall truly be informed of the same.
The former article being read & interpreted to ym, they by way of exposition desire yt in ye sixth article it might be added, that if any of the English cattle be killed or hurt casually, or negligently, & proofe made it was done by some of the Quinopiocke Indyans, they will make satisfaction, or if done by any other Indyans in their sight, if they does not discover it, & if able to bring ye offendor to ye Engish they willbe accounted & dealt with as guilty.
In consideration of all which, they desire from ye English, that if at any time hereafter they be affrighted in their dwellings assigned by the English unto ym as before, they may repayre to the English plantations for shelter, & that ye English will there in a just cause endeavor to defind ym from wronge. But in any quarrell or warres which they shall undertake, or have with other Indyans, upon any occasion wtsoever, they will manage their affayres by yrselves without expecting any ayd from the English.
And the English planteres before mentioned accepting and graunting according to ye tenor of the prmisses, doe further of their owne accord, by way of free & thankefull retribution, give un[to] ye sd sachem, counsell & company of ye Quinopiocke Indians, twelve coates of English trucking cloath, twelve alcumny sooines, twelve hatchetts, twelve hoes, two dozen of knives, twelve porengers & foure cases of French knives and sizers; All which bring thankfully accepted by ye afored & ye agreements in all points perfected; for rattification & full confirmation of the same, the Sachem, his counsell & sister, by these p'sents have sett their hands or markes ye day & year above written.
Momaugin, his marke.
Sugogisin, his marke.
Quesaquaush, his mark.
Carroughood, his marke.
Weesaucuck, his mark.
Shaumpishuh, her marke.
I, Thomas Stanton, being interpreter in this treaty, doe herby profess in ye prsence of God, yt I have fully acquainted the Indyans with ye substance of every article, & truly returned their answer & consent to the same, according to ye tennr of the foregoing writeing, the truth of which, if lawfully called, I shall readily confirme by my oath at any time.
Articles of agreemt betwixt Theophilus Eaton, John Davenport, & sundry other English planters at Quinnypiock on ye one part, and Mantowese sonne of an Indyan sachem liveing att Mattabezeck, and nephew to Sequii (sp?) on ye other part, made & concluded the 11th day of Decembr 1638.
First ye sd Mantowese in presence & with allowance and consent of Sawseunck an Indyan wch came in company wth him, doth profess, affirme and convenant, to & wth ye sd Theophilus Eaton, John Davenport & others, that ye land on both sides the river of Quinnypiock from ye Northerly bounds ofye land lately purchased by the sd English of ye Quinnypiock Indyans, namely from ye pond in ye great meadow, about two miles above ye great hill, to ye head of ye river at ye g reat playne toward ye plantations settled by ye English upon ye river of Quintecutt Southerly, which is about tenn miles in length from north to south, the bounds of which land run alsoe eight miles easterly from ye river of Quinnypiock toward ye rive Quikntecutt, and five miles westerly toward Hudsons river, doth truely & solely belong to him ye sd Mantowese in right of his deceased mother, to whom ye sd land did appertaine, & from whom it justly descends upon him as his inheritance, soe yt he hath an absolute & independent power to give, alien, dispose or sell all or any part of ye land, as he shall think good; and yt neither his sd father, nor any other pson whatsoever, have any right, title or interest in any part of ye land described and limited as above, whereby he or any other may hereafter justly question what ye sd Mantowese now doth, or lay any clayme to any part of ye land now disposed of him.
Secondly the sd Mantowese being fully acquainted wth ye agreemts lately passed betwixt ye sd English planters & ye sachem of Quinnypiock, his counsell & company, did freely, of his owne accord, upon full & serious deliberation, give, grant & yeild up all his right, title and interest in all ye land mentioned and bounded as above, with all the rivers, ponds, trees, and all liberties & appurtenances whatsoever belonging to ye same, to the sd Theophilus Eaton, John Davenport and other English planters att Quinnypiock, and to their heyres & assignes for ever, desireing from them, the sd English planters, to receive such a small portion of land by the rivers side about two miles beyond ye tree over ye river, in the passage from hence toward ye townes at Quintecutt, as may be sufficient for his small company, being but tenn men in number, besides women and children, wch portion of land they desire may hereafter, upon a view, be assigned, appointed and limited unto them by ye English planters, reserving alsoe to himselfe and his forenamed company, liberty in fitt seasons & due manner without prejudice to ye English, to hunt & fish & kill beaver, yet therein alsoe to be regulated by ye sd English upon discovery of any annoyance, as the Quinnypiock Indyans are in that case.
Lastly the said Theophilus Eaton, John Davenport &c accepting from Mantowese this free gift of his land as above, doe by way of thankfull retribution, give unto him eleven coates made of trucking cloth, and one coate for himselfe of English cloth, made up after the English manner, wch being thankfully accepted by the sd Mantowese, and the agreements in all points, pfected, for ratification, and full confirmation of ye same, Manotwese and Sawseunck have hereunto sett their hands or markes the day and year before written.
Mantowese, his mrke.
Sawseunck, his mrke.
I, John Clark, being interpreter in this treatie, doe hereby professe in the prsence of God that I have fully acquainted the Indyans with the substance of every article, to ye wch they have freely agreed, that is to say yt Mantowese have given to Mr. Davenport & Mr. Eaton all his land wch he had by his deceased mother, wch he saith is from ye head of ye great playne to the pond wch he professe to be his, & promise to make it good, to or Engish, & for this hee is satisfyed with twelve coates, onely reserve a piece of land by the river for his men which are 10 and many squaws, to plant in, & when or cowes come there what harme their doggs doe to or cattle, they will satisfy for, and we for what harme or hoggs doe to them in corne, & as for hunting & fishing, to be free to them as orselves, provided or cattle suffer not by them, & with them, as their marke wittness, the truth of which, if lawfully called, I shall readily confirme by my oat at this time.
per me John Clarke.
We Robert Coggswell, Roger Knapp and James Love, doe herby renounce all right to any & every part of the forementioned land.
Wittnes our hands herunto
Roger Knapp, his mrke.