and after in the same court the said Sam Burton and Frances his wife the said Frances solely and secretly examined by the steward and consenting surrendered into the hands of the lord by the hands of the steward the said messuage garden and orchard with appurtenances to the use of Wm Clarke his heirs and assigns forever on condition following that if the said Sam Burton and Frances his wife or their heirs executors of administrators or any other well and truly pay to the said Wm Clarke his executors etc at the now dwelling house of the said Wm situate in Colchester for full sum of 47li4s of legal english money in the form following 2li8s on the 29.7.1680 2li8s 29.7.1681 and 42li8s 29.7.1682 that then this surrender to be null and void and that then the said messuage and premises described in this writing shall be to the use of the said Sam Burton for the term of his life and after his decease to the use of the said Frances Burton for the term of her life and after her decease to the person or persons thing or things which Frances alone or with her husband or without the consent of her husband nominates in writing under her hand and for default of any nomination or limitation to the use of the aforesaid Sam Burton and Frances his wife and their heirs forever