Articles of Agreement between Theophilus Eaton, John Davenport, and Others and Momaugin, Sugcogsin, Quesaquauch, Caroughood, and Wesaucucke

Articles of Agreement between Theophilus Eaton and John Davenport and Others, English Planters at Quinnipiac on the One Party and Momaugin, the Indian Sachem of Quinnipiac, and Sugcogsin, Qussuckquanch, Carroughood, Wesaucuke, and Others of His Council on the Other Party, Made, and Concluded November 24, 1638, Thomas Stanton being interpreter.[1]

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That he, the said sachem, his council, and company do jointly profess, affirm and covent, that he, the said Momaugin, is the sole sachem of Quinnipiac, and hath an absolute and independent power to give, alien, dispose, or sell, all or any part of the lands in Quinnipiac, and that, though he have a son now absent, yet neither his said son, nor any other person whatsoever, hath any right, title, or interest in any part of the said lands, so that whatsoever he, the forenamed sachem, his council, and the rest of the Indians present do and conclude, shall stand firm and inviolable against all claims and persons whatsoever.

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Secondly, the said sachem, his council and company, amongst which there was a squaw sachem called Shampishuh, sister to the sachem, who either had or pretended some interest in some part of the land, remembering and acknowledging the heavy taxes and eminent dangers which they lately felt and feared from the Pequots, Mohawks, and other Indians,[2] in regard of which, they durst not stay in their country, but were forced to flee, and to seek shelter under the English at Connecticut, and observing the safety and ease that other Indians enjoy near the English, of which benefit they have had a comfortable taste, bounds east, west, north, south unto Theophilus Eaton, John Davenport, and others, the present English planters there, and to their heirs and assigns forever, desiring from them, the said English planters, to receive such a portion of ground on the east side of the harbour towards the fort at the mouth of the river of Connecticut[3] as might be sufficient for them,[4] being but few in number, to plant in; and yet within these limits to be hereafter assigned to them, they did covent and freely yield up unto the said English all the meadow ground lying therein, with full liberty to chose and cut down what timber they please, for any use whatsoever, without any question, license, or consent to be asked from them the said Indians, and if, after their portion and place be limited and set out by the English as above, they, the said Indians, shall desire to remove to any other place within Quinnipiac bounds, but without the limits assigned them, that they do it not without leave, neither setting up any wigwam, nor breaking up any ground to plant corn, till first it be sett out and appointed by the forenamed English planters for them.

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Thirdly, the said sachem, his council and company desiring liberty to hunt and fish within the bounds of Quinnipiac now given and graunted to the English as before, do hereby jointly covent and bind themselves to sett no traps near any place where the [ illegible ] whether horses, oxen, kine,[5] calves, sheep, goats, hogs, or any sort [ illegible ] to take any fish out of any weir belonging to any English, nor to doe any thing near any such ware as to disturb or affright away any fish to the prejudice of such weir or weirs; and that upon discovery of any inconveniency growing to the English by the Indians' disorderly hunting, their hunting shall be regulated and limited for the preventing of any inconvenience, and yet with as little damage to the Indians in their hunting as may be.

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Fourthly, the said sachem, his council, and company do hereby covenant and bind themselves that none of them shall henceforth hanker[6] about any of the English houses at any time when the English use to meet about the public worship of God, nor on the Lord's day henceforward be seen within the compass of the English town, bearing any burdens, or offering to truck with the English for any commodity whatsoever, and that none of them henceforward without leave, open any latch belonging to any Englishmen's door, nor stay in any English house after warning that he should leave the same, nor do any violence, wrong, or injury to the person of the English, whether man, woman, or child, upon any pretence whatsoever, and if the English of this plantation, by themselves or cattle, do any wrong or damage to the Indians, upon complaint, just recompense shall be made by the English; and that none of them henceforward use or take any Englishman's boat or canoe of what kind so ever, from the place where it was fastened or laid, without leave from the owner first had and obtained, nor that they come into the English town with bows and arrows, or any other weapons whatsoever in number above six Indians so armed at a time.

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Fifthly, the said sachem, his council, and company do truly covenant and bind themselves that if any of them shall hereafter kill or hurt any English cattle of what sort so ever, though casually or negligently, they shall give full satisfaction for the loss or damage as the English shall judge equal.  But if any of them for any respect, willfully do kill or hurt any of the English cattle, upon proof, they shall pay the double value, and if, at any time, any of them find any of the English cattle straying or lost in the woods, they shall bring them back to the English plantation, and a moderate price or recompense shall be allowed for their pains, provided, if it can be proved that any of them drove away any of the English cattle wheresoever they find them, further from the English plantation to make an increase or advantage, or recompense for his pains, finding or bringing them back, they shall in any such case pay damages for such dealings.

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Sixthly, the number of the Quinnipiac Indians, men or youth grown to stature fit for service, being forty seven at present, they do covenant and bind themselves not to receive, or admit any other Indians amongst them without leave first had and obtained from the English, and that they will not, at any time hereafter, entertain or harbor any that are enemies to the English, but will presently apprehend such and deliver them to the English, and if they know or hear of any plot by the Indians or others against the English, they will forthwith discover and make the same known to them, and in case they do not, to be accounted as parties in the plot, and to be proceeded against as such.

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Lastly, the said sachem, his council, and company do hereby promise truly and carefully to observe and keep all and every one of these articles of agreement, and if any of them offend in any of the premises, they jointly hereby subject and submit such offender or offenders to the consideration, censure, and punishment of the English magistrate or officers appointed among them for government without expecting that the English should first advise with them about it, yet in any such case of punishment, if the said sachem shall desire to know the reason and equity of such proceedings, he shall truly be informed of the same.

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The former article being read and interpreted to them, they by way of exposition desired that in the sixth article it might be added that if any of the English cattle be killed or hurt casually, or negligently, and proof made it was done by some of the Quinnipiac Indians, they will make satisfaction, or if done by any other Indians in their sight, if they do not discover it, and if able to bring the offender to the English, they will be accounted and dealt with as guilty.

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In consideration of all which, they desire from the English, that if at any time hereafter they be affrighted in their dwellings assigned by the English unto them as before, they may repair to the English plantation for shelter, and that the English will there in a just cause endeavor to defend them from wrong. But in any quarrel or wars which they shall undertake, or have with other Indians, upon any occasion whatsoever, they will manage their affairs by themselves without expecting any aid from the English.

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And the English planters before-mentioned accepting and graunting according to the tenor of the premises, do further of their own accord, by way of free and thankful retribution, give unto the said sachem, council and company of the Quinnipiac Indians, twelve coats of English trucking cloth, twelve alchemy spoons, twelve hatchets, twelve hoes, two dozen of knives, twelve porringers, and four cases of French knives and sissors, all which being thankfully accepted by the aforesaid and the agreements in all points perfected, for ratification and full confirmation of the same, the sachem, his council, and sister, to these presents have set to their hands or marks, the day and there-above written.

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Momaugin, his mark

Sugcogsin, his mark

Quesaquausha, his mark

Carroughood, his mark

Weesancuck, his mark

Shaumpishuh, her mark

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.Interpreter:  I, Thomas Stanton, being interpreter in this treaty, do hereby profess in the presence of God, that I have fully acquainted the Indians with the substance of every article, and truly returned their answer and consent to the same, according to the tenor of the foregoing writing, the truth of which, if lawfully called, I shall readily confirm by my oath at any time. Thomas Stanton

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[1] The Quinnipiac diplomatic delegation and 47 warriors traveled to the colonial town of New Haven to meet with the leaders of the New Haven Colony.

[2] From roughly 1620 until after the end of the Pequot War in 1638, an expanding Pequot empire, due in part from the lucrative beaver and wampum trade, exerted jurisdiction over the Quinnipiac and their shoreline resources.  The Quinnipiac fear of the Mohawk is less documented.  Menta, The Quinnipiac, 60-61, 67.

[3] Fort Saybrook

[4] By these provisions, the land on the east bank of the Quinnipiac harbor became the first Indian reservation in American history.

[5] Kine, archaic. plural of cow.  OED

[6] Hanker, v., To ‘hang about’, to linger or loiter about with longing.  OED