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Personal & Confidential 22 November 2004 Page 3 of 9 That they may have free trade, as formerly. [emphasis added] The Shinnecocks had so submitted themselves under the protection of the English Crown prior to the date of the treaty. Therefore, the Shinnecocks are included in the treaty under Article 4, and enjoy the free trade guarantee provided to the Indians by Appended Article 3. Between 1640 and 1662, the Shinnecocks had ceded territory to the English foudners of Southampton, by at least three extant land deed, which contained treaty guarantees showing submission to the protection of the English: 13 December 1640, Deed by the Shinnecocks to the original English settlers of Southampton, NY (guaranteed defense by the English, and retained farming rights on ceded (territory) (Records of the Town of Southampton, Sag Harbor: Hunt, 1874, I, pp. 12-14): the above named English shall defend vs the sayed Indians from the unjust violence of whatever Indians shall illegally assaile vs. doe absolutely & for ever give & grant by these presents doe acknowledge ourselves, to have given & granted to the partyes above mentioned, without any fraude, guile, mentall reservation or equivocation to them & theire heires & successors for ever, all the lands, woods, waters, water courses, easements, profits & emoluments thence arisinge what soeuer,... Memorand. Before the subscribing of this present writing it is agreed that the Indians above named shall have libertie to breake vp ground for theire vse to the westward of the creek afore mentioned on the west side of Shinecock plaine. 12 May 1659, Deed by the Shinnecocks to John Ogden (retained hunting, fishing and gathering rights on ceded territory) (Records of the town of Southampton, I, p.162): ...And it is also agreed that we shall keepe our privilege of fishing, fowling, or gathering of berries or any other thing for our use... 10 April 1662, Deed by the Shinnecocks to Thomas Topping (guaranteed peace) (Records of the Town of Southampton, I, pp. 167-168): To have and To Hold, all the forementioned demised premises...without the lett trouble denial or molestation of us the said Weany, Anabackus, and Jackanapes... The English right to purchase what is now Southampton from the Indians, was granted to the Southampton founders on 12 June 1639 (sic, 1640) by a patent for eight miles square on Long Island, sold by James Farrett, agent of the Earl of Stirling. The specific location was confirmed by Farrett on 7 July 1640 in a patent memorandum. (History of the Town of Southampton, pp. 263-265): It is to begin at a place westward from Shinnecock entitled the name of the place where the Indians drawe over their canoes out of the north bay over to the south side of the island, and from there to run... Another 1640 Stirling patent for territory on Long Island provided trade restrictions with Indians, and retained the right to regulate trade with Indians: In consideration thereof it is agreed that ye trade with ye Indians shall remain to ye said Earle of Sterling to dispose of from tyme to tyme & at all tymes as best ilketh him... (Records of the Town of Southampton, I, pp. 9-12; N.Y. Col. Docs., XIV, pp.

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