single membrane (10 January)
This Indenture made the Tenthe daye of Ianuarye Anno domini 1586 And in
the Nine and Twentithe yeare of the Raigne of our soueraigne Lady Elizabeth by the
grace of God Quene of Englande ffraunce and Irelande defendor of the faithe &c
Betwene Phillippe Hinshley Cittizen and Dyer of London one thonne partye and Iohn Cholmley Cittizen and grocer of London one thother partye
Witneseth that the said partyes for the greate zeale and good will that
is betwene them and tothentente that they maye the better increase theire substance
are entrid into partnershippe and are becoume Copartners togeather aswell in the
re<..> In taking posessinge and inioyinge of all
that parcell of grownde or garden plotte Contayninge in lenghe and bredthe sqare
every waye ffoorescore and fourteene foote of assize little more or lesse As allso
to of and in the havinge takinge and receavedge of all the beniffytte somes of
moneye proffitte and Advauntage of a playe howse now in framinge and shortly to be
ereckted and sett vppe vpone the same grounde or garden plotte from the daye of the
date of these presentes for and duringe and vntill the ende and
terme of Eighte yeares and three monethes from thence nexte ensuinge and fully to be
Compleate and ended yf the saide partyes doe so longe Lyve whereuppone yt is
Couenaunted graunted Condiscended Concluded and agreed betwene the saide
partyes by these presentes And the saide Phillippe
Hinshley for him his executors and administrators dothe Couenaunte
promisse and graunte to and with the saide Iohn Cholmley his
executors and administrators That yt shall and maye be lawfull to and for the saide
Iohn Cholmeley his executors and assignes duringe the saide space of Eighte yeares
and three monethes yf the saide Iohn Cholmeleye doe so longe Lyve To have receave
take and inioye to his and theire owne proper vse and behooffe The moytie
or one halfe of all suche some and somes of moneye gaynes profytt and Comodytye
which shall arysse growe be colectted gathered or become due for the
saide parcell of grounde and playe howse when and after yt shalbe ereckted
and sett vpe by reasonne of any playe or playes that shalbe showen or played there
or otherwysse howsoever And the saide Iohn Cholmley for him his executors and
Administrators dothe Couenaunte promisse and graunte to and with
the saide Phillyppe Hinshleye his executors and administratours by these
presente That yt shall and maye be lawfull to and for the saide Phillippe
Hynshley his executours and assignes likewaye duringe the saide terme of Eighte yeares and three monethes yf
the saide Philliyppe doe so longe lyve To have receave take and enioye to his and
theire owne proper vse and behooffe The other moytie or one hallfe of all suche some
and somes of moneye gaynes proffytes and Comodytie which shall
arrysse growe be colected gathered or becoume due for the saide parcell of
grownde and playe howse when and after yt shalbe ereckted and sett vppe by reasonne
of any playe or playes that shalbe showen or playde or otherwyse
howsoever as afforesaide And further the saide Phillype Hinshleye for him his executors
and administratours dothe Couenaunte promisse and graunte
to and with the saide Iohn Cholmley his executors and administrators by
these presentes Thhat he the sayde Iohn Cholmley his executors administrators
and assignes shall or maye lawfully peacablye and quiettly have holde occupye
posesse and enioye All that smalle tenemente or dwellinge howsse scittuate and standinge at the
sowthe ende or syde of the saide parcell of grownde or garden plotte to
keepe victualinge in or to putt to any other vse or vsses whatsoever with
the whole beniffytte proffytte & comodytie which he the saide Iohn
Cholmleye his executours or assignes shall or maye receave or make of for
or by the same howse neare adioyninge vnto a lane there Comonly Called mayden Lane now in the tenure of the saide Iohn Cholmley or his assignes
with free ingresse egresse and regresse waye and passage to and for the
saide Iohn Cholmleye his executours and assignes and to and for all other
personnes cominge or frequentinge to the saide Iohn Cholmley his
executours or assignes for any profytte or comodytie or for any
other wysse or causes whatsoever aswell in by and throughe the Alleye there called
Rosse Alleye leadinge from the Ryver of thames into the
saide parcell of grownde As allso in by and throughe the waye leadinge into
the saide Mayden Lane at all tymes Conveniente at his and theire lybertyes and
pleasures yf the waye be permitted and suffred by the Lorde and lybertie
withoute any lett troble suite eviccion expulcion or
intrupsion of the saide Phillyppe hinshleye his exectours
administratours or assignes or any of them And withoute any
lawfull lett troble expulcone or intrupcion of any other personne
or persones by his or theire meanes consente righte tytle intreste or
procurement duringe the saide terme of Eighte yeares and three
monethes fully to be compleate and ended And likewyse That he the saide Phyllipe his executors
or assignes shall and will at his and their owne proper Coste and Chargis
with as muche expedicion as maye be ereckte fynished and sett
vpp or cause to be erected finished and sett vpe by Iohn Grygges
Carpenter his servantes or assignes ‸⸢the saide play
house⸣ with all furniture thervnto belonginge or appartayninge
withoute fraude or guile All which premisses above by these
presentes menconed ar scittuate Lyenge and beinge on the bancke
syde in the paryshe of St Savoyes in Sovthworke in the County of Surrey In consideracon whereof the saide Iohn Cholmley for
him his executours and administratours dothe Couenaunte
promisse and graunte to and with the saide Phillippe Hinshley
his executours and administratours by these
presentes well and truly to paye or Cause to be payde vnto the
saide Phillippe Hinshley his executours administratours or
assignes for a yerlye anuyttie the some of
Eighte hundreth and Sixteene Poundes of lawfull moneye of Englande in
manner and forme followinge that is to saye One the feaste daye of the Nativitie of St Iohn
Baptiste nexte Cominge after the date of these presentes
Twentie five Poundes and Tenne shillinges on the feaste daye of St Michaell tharchaungell
then nexte ensuinge other Twentie five Poundes and Tenne
shillinges one the feaste daye of the Birthe of our Lorde god
then nexte ensuinge other Twentie five Poundes and tenne
shillinges one the feaste daye of thanunciacion of
our Lady then nexte followenge other Twentie five Poundes
and Tenne shillinges And so further after that from feaste daye to feaste
daye quarter to quarter and yeare vnto yeare one consequently insuinge another That
is to saye quarterly one every of the like feaste dayes of the feaste afforesaide
Twentie five Poundes and Tenne shillinges vntill all the saide
somme of Eight hundreth and Sixteene Poundes be so truly Contented and
payde vnto the saide Phillyppe Hinshley his executors administratours or
assignes And
yf yt shall happen the saide anyitie or
quarterly payment of Twentie five Poundes Tenne shillinges to be
byinde and vnpayde
in parte or in all by the space of Twentye and one dayes nexte over or
after any feaste daye or terme of payment thereof abovesaide in which the
some oughte to be payde beinge lawfully demaunded at the saide playe howse after the
same shalbe erected and sett up that then and from thencforthe the saide
Copartnershippe before menconed shalbe voyde seace and be vtterly frustrate and of
none effecte as yf the same had not byn agreed vppon And that yt shall and maye be
lawfull to and for the saide Phillipe Hinshley his executours and assignes
to renter And the saide Iohn Cholmley his executours and assignes and all
other occupyers thereof oute and from the saide Dwellinge howse playe howse and all
other the premisses vtterly to expell put oute and amove This
presente Indenture or any thinge therin Contayned to the Contrary thereof
in any wysse notwithstandinge And further the saide Phillype Hinshleye and Iohn
Cholmle four them theire executours and administratours
doe Couenaunt promisse and graunte eyther with other by
these presentes that yf yt happen eyther of the saide
partyes Phillype Hinshley and Iohn Cholmley to dye or desease this mortall
lyffe before thende of the saide terme of Eighte yeares and three monethes that then
and in suche Case yt shall and maye be lawfull to and for thexecutors ⸢or⸣and administratours of the
partye so deseasinge to have receave take and enioye the parte and
porcion of hym so deceassinge as Copartner with the
surviver to of and in all and singuler the premisses beffore
menconed and expressed in as large and ample manner and forme & in the
like
state and Condicion as the saide partye so deceassed in his lyffe
tyme did enioye the same withoute any lett troble suite deniall or
intrupcion of the surviuour his executours
administratours or assignes withoute fraude or guilt And further the saide
partyes Phillippe Hinshleye and Iohn Cholmleye for them theire
executours and administratours doe Couenaunt
promisse and graunte eyther with other by these
presentes that yt shall and maye be lawfull to and for the saide
Phillype Hinshleye and Iohn Cholmley theire executours and assignes ioyntly
to appoynte and permitte suche personne and personnes players to vse exersyse & playe in the saide playe howse when and after
yt shalbe erected and sett vpp at theire wills and pleasures beinge for the
profytt and Comodytie of them bothe And likewaye that the saide Phillype
Hinshley and Iohn Cholmley when any playe or playes shall be played or showen in the
saide playe howse after the same shalbe erected and sett vpp shall and wilbe there
present them selves or appoynte theire sufficiente debutyes or assignes
with them selves or otherwysse at theire Choyse to Coleckte gather and
receave all suche some and somes of moneye of every personne &
personnes resortinge and Cominge to the saide playe howse to vew see and
heare any playe or enterlude at any tyme or tymes to be shewed and playde duringe
the saide terme of Eighte yeares and three monethes excepte yt please any of the
saide partyes to suffer theire frendes to go in for nothinge And
that all suche some and somes of moneye gaynes profytte and comodytie
whatsoever as shalbe so colected gathered or receaved by them theire debutyes or
assignes shall ymediatly that nighte after accompte made by them selves theire
debutys or assignes be equally devided into Twoo partes or equall
porcions whereof the saide Phillipe Hinshleye his executours or
assignes to have the one halfe moety parte or equall porcones of
the saide some and somes of moneye And
the saide Iohn Cholmley his executors or assignes to have the other moyttie
parte or equall porcion thereof duringe the terme afforesaide
And further the saide Phillipe Hinshleye for him his executours
and administratours dothe Covenaunt promisse and graunte
to and with the saide Iohn Cholmleye his executours and
administratours by thesse presentes That he the saide
Phillype Hinshleye his executours or assignes shall and will at all tymes
heareafter and from tyme to tyme duringe the saide terme of Eighte yeares and three
monethes paye or cause to be payde All and all manner of quitte rente and
other rente Chargis due and payable to the Lorde or Lordes of the
premisses or the costes shall acquitte discharge or save
harmeles the saide Iohn Cholmleye his executours administrators or assignes
And likewayes shall and will at his and theire owne proper Costes
and Chargis repaire and amende all the brigges and wharffes belonginge to the saide
parcell of grounde and other the premisses with
thappurtenaunces at or before the xxixth daye
of September nexte cominge after the date of these presentes And
Likewayes the saide Iohn Cholmleye and Phillipe Hinshleye for them theire
executors and administratours doe Couenaunt promisse and
graunte eyther with other by these presentes That they
the said Iohn Cholmleye & Phillype Hinshleye theire executours
administratours or assignes shall and will after the saide xxixth daye of September nexte Cominge at theire equall
Costes and Chargis repare amende sustayne mantayne and vpholde the saide
playe howse <...>
brigges wharffes and all other the wayes and brygges now leadinge or
which heareafter shalbe made to leade or appurtayne into oute
and from the saide parcell of grownde and other the premisses
with thappurtenaunces thervnto belonginge at all tymes
heareafter when and as often as neede shall require duringe the saide terme of
Eighte yeares & three monethes And further the saide Phillipe Hinshley for him
his executours and administratours dothe Couenaunt
promisse and graunte to and with the saide Iohn Cholmleye his
executours and administratours That he the saide Phillipe
Hinshleye his executours administratours or assignes shall nott ne
will not permitte or suffer any persone or personnes
other then the saide Iohn Cholmley his executours & assignes
servantes and famyllie to vtter sell or putt to sale in or aboute the
saide parcell of grownde playe house or garden plotte and other the
premisses with thappurtenaunces any breade or drinke other then suche as shalbe solde to and for the
vse and behoofe of the saide Iohn Cholmley his executours
administratours or assignes by his ‸⸢or their⸣
consente meanes or procuremente In Witnes Whereof the saide partyes to
theis presente Indentures Interchaungeably haue sett their Seales the day
and yeres furste aboue Written/
Sigillatur et deliberatur in
presencia
mei Cuthberti Iones servientis
Edwardi Pryce
<..>
(signed) Edward Pryce
single membrane (10 January)
This indenture made the tenth of January, anno domini 1586, and in the nine and
twentieth year of the reign of our sovereign lady Elizabeth, by the grace of God,
queen of England, France, and Ireland, defender of the faith, etc, and between
Philip Henslowe, citizen and dyer of London, on the one party, and John Cholmley,
citizen and grocer of London on the other party, witnesses that the said parties,
for the great zeal and good will that is between them and to the intent that they
may the better increase their substance, are entered into partnership and are become
co-partners together, as well in the rest(?), in taking, possessing, and enjoining
of all that parcel of ground or garden plot, containing in length and breadth square
every way, four score and fourteen foot of assize, little more or less, as also to,
of, and in, the having, taking, and receiving of all the benefit and sums of money,
profit, and advantage of a playhouse now in framing and shortly to be erected and
set up upon the same ground or garden plot, from the day of the date of these
presents, for and during and until the end and term of eighty years and three months
from thence next ensuing, and fully to be complete and ended if the said parties do
so long live, whereupon it is covenanted, granted, condescended, concluded, and
agreed between the said parties by these presents. And the said Philip Henslowe, for
him, his executors and administrators, does covenant, promise, and grant, to and
with the said John Cholmley, his executors, and administrators, that it shall and
may be lawful to and for the said John Cholmley, his executors and assigns, during
the said space of eight years and three months, if the said John Cholmley do so long
live, to have, receive, take, and enjoy to his and their own proper use and behoof,
the moiety, or one half, or all such sum and sums of money, gains, profit, and
commodity which shall arise, grow, be collected, gathered, or become due for the
said parcel of ground and playhouse, when and after it shall be erected and set up,
by reason of any play or plays that shall be shown or played there or otherwise
howsoever. And the said John Cholmley, for him, his executors and administrators,
does covenant, promise, and grant, to and with the said Philip Henslowe, his
executors and administrators, by these present, that it shall and may be lawful to
and for the said Philip Henslowe, his executors and assigns, likewise during the
said term of eight years and three months, if the said Philip do so long live, to
have, receive, take, and enjoy to his and their own proper use and behoof the other
moiety, or one half of all such sum and sums of money, gains, profits, and
commodity, which shall arise, grow, be collected, gathered, or become due, for the
said parcel of ground and playhouse, when and after it shall be erected and set upon
by reason of any play or plays that shall be shown or played or otherwise, howsoever
as aforesaid. And further, the said Philip Henslowe, for him, his executors and
administrators, does covenant, promise, and grant, to and with the said John
Cholmley, his executors and administrators, by these presents, that the said John
Cholmley, his executors, administrators and assigns, shall or may lawfully,
peaceably, and quietly have, hold, occupy, possess, and enjoy, all that small
tenement or dwelling house situate and standing at the south end or side of the said
parcel of ground or garden plot, to keep victualling in or to put to any other use
or uses whatsoever, with the whole benefit, profit, and commodity which he the said
John Cholmley, his executors or assigns, shall or may receive or make of, for, or by
the same house near adjoining unto a lane there commonly called Maiden Lane, now in
the tenure of the said John Cholmley or his assigns, with free ingress, egress, and
regress, way and passage, to and for the said John Cholmley, his executors or
assigns, for any profit, or commodity, or for any other wise or causes whatsoever,
as well in and by and through the alley there called Rose Alley, leading from the
river of Thames into the said parcel of ground, as also in and by and through the
way leading into the same Maiden Lane, at all times convenient, at his and their
liberties and pleasures, if the way be permitted and suffered by the lord and
liberty, without any let, trouble, suit, eviction, expulsion, or interruption of the
said Philip Henslowe, his executors, administrators, or assigns, or any of them, and
without any lawful let, trouble, expulsion, or interruption of any other person or
persons by his or their means, consent, right, title, interest, or procurement,
during the said term of eight years and three months fully to be complete and ended.
Likewise that he the said Philip, his executors or assigns, shall and will at his
and their own proper cost and charges, with as much expedition as may be, erect,
finish, and set up or cause to be erected, finished, and set up, by John Grygges,
carpenter, his servants or assigns, ⸢the said playhouse⸣ with
all furniture thereunto belonging or appertaining, without fraud or guile, all which
premises above and by these presents mentioned or situate, lying, and being on the
Bankside in the parish of St Saviour in Southwark in the county of Surrey. In
consideration whereof, the said John Cholmley for him, his executors and
administrators, does covenant, promise, and grant to and with the said Philip
Henslowe, his executors and administrators, by these presents well and truly to pay
or cause to be paid unto the said Philip Henslowe, his executors, administrators,
and assigns, for a yearly amity the sum of eight hundred and sixteen pounds of
lawful money of England, in manner and form following, that is to say: on the feast
day of the Nativity of St John the Baptist next coming after the date of these
presents, twenty-five pounds and ten shillings; on the feast day of St Michael the
Archangel then next ensuing, other twenty-five pounds and ten shillings; on the
feast day of the birth of our Lord God then next ensuing, other twenty-five pounds
and ten shillings; on the feast day of the Annunciation of our Lady then next
following, another twenty-five pounds and ten shillings; and so further after that
from feast day to feast day, quarter to quarter, and year unto year, one
consequently ensuing another, that is to say quarterly one every of the like feast
days of the feast aforesaid, twenty-five pounds and ten shillings until all the said
sum of eight hundred and sixteen pounds be so truly contented and paid unto the said
Philip Henslowe, his executors, administrators, or assigns. And if it shall happen
the said amity or quarterly payment of twenty-five pounds, ten shillings, to be
behind and unpaid in part or in all by the space of twenty and one days next over or
after any feast day or term of payment thereof abovesaid in which the sum ought to
to be paid, being lawfully demanded and set up, that then and from thenceforth the
said co-partnership before mentioned shall be void, cease, and be utterly
frustrate
and of none effect, as if the same had not been agreed upon. And that it shall be
and may be lawful to and for the said Philip Henslowe, his executors and assigns to
re-enter, and the said John Cholmley, his executors and assigns and all other
occupiers thereof out and from the said dwelling-house, playhouse, and all other
premises utterly to expel, put out, and amove, this indenture or anything therein
contained to the contrary thereof in any wise notwithstanding. And further, the said
Philip Henslowe and John Cholmley, for them, their executors and administrators, do
covenant, promise, grant, either with other, by these presents, that if it happen
either of the said parties, Philip Henslowe and John Cholmley, to die or decease
this mortal life before the end of the said term of eight years and three months,
that then and in such case it shall and may be lawful to and for the executors ⸢or⸣and administrators of the party
so deceasing to have, receive, take, and enjoy the part and portion of him so
deceasing as co-partner, with the survivor to, of, and in all and singular the
premises before mentioned and expressed in as large and ample manner and form and in
the like state and condition as the said party so deceased in his lifetime did
enjoy, the same without any let, trouble, suit, denial, or interruption of the
survivor, his executors, administrators, or assigns, without fraud or guilt. And
further, the said parties Philip Henslowe and John Cholmley, for them, their
executors and administrators, do covenant, promise, and grant, either with other, by
these presents, that it shall and may be lawful to and for the said Philip Henslowe
and John Cholmley, their executors and assigns, jointly to appoint and permit such
person and persons, players, to use, exercise, and play in the said playhouse when
and after it shall be erected and set up at their wills and pleasures, being for the
profit and commodity of them both. And likewise, that the said Philip Henslowe and
John Cholmley, when any play or plays shall be played or shown in the said playhouse
after the same shall be erected and set up, shall and will be there, present
themselves, or appoint their sufficient deputies or assigns with themselves, or
otherwise at their choice to collect, gather, and receive all such sum and sums of
money, of every person and persons resorting and coming to the said playhouse to
view, see, and hear any play or interlude at any time or times to be shown and
played during the said term of eight years and three months, except it please any of
the said parties to suffer their friends to go in for nothing. And that all such sum
and sums of money, gains, profit, and commodity whatsoever as shall be so collected,
gathered, or received by them, their deputies or assigns, shall immediately that
night after account made themselves, their deputies or assigns, be equally divided
into two parts or equal portions, whereof the said Philip Henslowe, his executors or
assigns, to have the one half moiety, part, or equal portions of the said sum and
sums of money. And the said John Cholmley, his executors or assigns, to have the
other moiety, part, or equal portion thereof during the same term aforesaid. And
further, the said Philip Henslowe, for him, his executors and administrators, does
covenant, promise, and grant, to and with the said John Cholmley, his executors and
administrators, by these presents, that he the said Philip Henslowe, his executors
or assigns, shall and will at all times hereafter, and from time to time during the
said term of eight years and three months, pay or cause to be paid, all and all
manner of quitrent and other rent charges due and payable to the lord or lords of
the premises or the costs shall acquit, discharge, or save harmless the said John
Cholmley, his executors, administrators, or assigns. And likeways shall and will, at
his and their own proper costs and charges, repair and amend all the bridges and
wharves belonging to the said parcel of ground and other the premises, with the
appurtenances, at or before the 19th day of September
next, coming after the date of these presents. And likeways, the said John Cholmley
and Philip Henslowe, for them, their executors and administrators, do covenant,
promise, and grant, either with other, by these presents that they the said John
Cholmley and Philip Henslowe, their executors, administrators, or assigns, shall and
will after the said 19th day of September next coming,
at their equal costs and charges, repair, amend, sustain, maintain, and uphold the
said playhouse, bridges, wharves, and all other ways and bridges now leading, or
which hereafter shall be made to lead or appertain into, out, and from the said
parcel of ground, and other the premises, with the appurtenances therunto belonging,
at all times hereafter, when and as often as need shall require, during the said
term of eight years and three months. And further, the said Philip Henslowe, for
him, his executors and administrators, does covenant, promise, and grant, to and
with the said John Cholmley, his executors and administrators, that he the said
Philip Henslowe, his executors, administrators, or assigns, shall not nor will not
permit or suffer any person or persons other than the said John Cholmley, his
executors and assigns, servants, and family, to utter, sell, or put to sale, in or
about the said parcel of ground, playhouse, or garden plot, and other the premises,
with the appurtenances, any bread or drink other than such as shall be sold to and
for the use and behoof of the said John Cholmley, his executors, administrators, or
assigns, by his ⸢or their⸣ consent, means, or procurements.
In witness whereof, the said parties to these present indentures interchangeably
have set their seals, the day and years first above written.
"Signed and delivered in the presence
of me, Cuthbert Jones,
servant
of Edward Pryce"
(signed) Edward Pryce
For an image of the original manuscript, see the Henslowe-Alleyn Digitisation Project, Mun 1, Group 16.
From the reference here to the 'playe howse now in framinge,' it is apparent that the playhouse foundations had been started before 10 January 1586/7. It is equally clear from the description of the 'smalle tenemente or dwellinge howsse scittuate and standinge at the sowthe ende' of the property that John Cholmley already held a lease on that tenement, which was to become a potentially lucrative victualling house for the playhouse. His small building is shown on John Norden's maps of 1593 and 1600 in the southwest corner of the Little Rose site. For more on the late twentieth-century excavation of the site and Cholmley's house, see Bowsher and Miller, Rose and the Globe, pp 24–32, 111.
Also mentioned in the deed is the builder John Griggs, who was employed again five years later in 1592 to renovate and extend the audience capacity of the playhouse.
For an abstract of the document and details of its transcription history, see the related EMLoT event record.
Record title: Deed of Partnership in the Rose between Henslowe and
Cholmley
Repository: Dulwich College
Shelfmark: Mun 16
Repository location: Dulwich
This deed provides the basic dimensions of what was known
as the Little Rose property, described as
approximately ninety-four feet square, but compare the more detailed
measurements in the 1650 lease between the feoffees of the Thomasyn
Symonds Charity, at St Mildred Bread Street in London, and John Wallington (Appendix 2). See further 'History of the Rose Property.'
As Julian Bowsher
and Susan Cerasano point out in their joint essay on the document, this
is one of the few surviving manuscripts 'from the early modern period
detailing a theatrical partnership. Slashes were made at the bottom of
the document in preparation for a seal, but there is no evidence that a
seal was ever appended' ('The Deed of Partnership in the Rose Playhouse (January 10,
1587),' Henslowe-Alleyn Digitisation Project).
There were two copies for the partners, the upper part of a single
vellum sheet for Cholmley and this second, lower section kept by
Henslowe.
10 January 1586/7; English; vellum; single membrane; unnumbered; 450mm x 630mm; some display script with large ornate letter 'T' at the start; water damage, some letters very faded; indented and endorsed by Cholmley on the verso: 'By me Iohn Cholmley grocer.'