and furthermore at the is court it was testified by the steward and shown by the homage that Thos Harlakenden senior gentleman and Thos Harlakenden junior son and heir apparent of the said Thos came before the aforesaid steward on 18.8.1636 and surrendered into the hands of the lord by the hands of the aforesaid steward all that capital messuage with appurtenances and lands and tenements pertaining to the aforesaid messuage or used with it situated in Earls Colne now in the tenure of Robt Fynch and Hinkin weaver or their assigns to the use and behoof of Edw Elliston gentleman and his heirs upon the condition that if the aforesaid Thos Harlakenden senior Thos Harlakenden junior or any of their heirs executors or assigns or either of them should pay or cause to be paid to the aforesaid Edw Elliston or his assigns 60li7s8d of legal money of England in or upon 25.3.next following the aforesaid surrender at or in the dwelling house of the said Edw Elliston situated in the aforesaid Earls Colne that then the aforesaid surrender should be void and of no force in law