296 Court and Testamentary Business, 1653.

        Liber B.   were Dead, which the Sheriffe was to See pformed and Soc

              God have Mercy upon their Souls. which Execucon was per-

              formed the Same Evening accordingly.

               The Same day upon the rising of the Court the Governr

              adjourned the next Gencrall Provinciall Court (formerly ap-

              pointed to be held the twentieth of October next) untill the

              first day of December next, and all Warrants, Sumons pcess

              and references formerly made out and appointed for October

              Court to be reinforced and Stand Good for that Court.

               It is Covenanted and agreed on between Paul Sympson of

              the one party and Walter Peakes on the other party as follow-

              eth vizt that in prosecution of a former Condicon all bargaines,

              Sales, contracts and other Acts made by either party to any

              person or in any kind be ratified and held for Good and Ef-

              fectuall Notwithstanding any Clause or proviso in the Said

          p 486    Condicdn to the Contrary, Item that both parties Shall and

              hereby are in all things and in all respects be and rernaine Co-

              partners as well in their own particular ingagmts as in what is

              oweing to either of them from any person whatsoever or to

              any person and be alike lyable to eithers ingagemts and of

              Equall power both to receive and discharge & either receipt or

              act to be Valid and of like force, Item That all Lands, houseings,

              Buildings, Erections, Servants Cattell houshold Stuff, debts,

              Goods, Merchandize thing or things Whatsoever be and re-

              maine in Comon and for the use behoofe and benefitt as well of

              the one as the other and all Charge whatsoever be alike Equally

              defrayed Item, That a true and lust accompt or Inventory of

              each mans particular Estate be to the best of their knowledge

              produced and made appeare upon the Ensealing hereof and

              laid together as Comon & for the use aforesaid, Item that each

              party faithfully, truely and honestly Endeavour to their best

              abilities to advantage the Said Estate and that neither party

              willingly conceale any thing nor Injure one the other, Item that

              Whereas there are now Severall Suits and actions commenced

              one against the other, which if continued may prove prejudi-

              ciall to one the other, and weaken their Estates, that upon the

              Ensealing hereof they Surcease and that each man certifie the

              Same to the Sheriffe by a note under their hands that the Said

              actions may be withdrawn, Item It is further Agreed on by

              desire of both parties and to give further Satisfaction to the

              world, and that Noc Cause of Scandall further acrue that it be

              Expressed tht they live not together but apart in two Severall

              dwelling houses or places and not in the Same habitation And

              in regard It is unanimously Soe concluded on that the Stock

              rem aine in the custody of the Said Peake, and he and his wife