Nicholas Roupe vs Alexander Shapley, James Treworgie, et al.

Date: [unknown] [unknown]
Location: Devon, England
Surnames/tags: Shapleigh Treworgy Roupe

Contents 1 Court Papers re Nicholas Roupe vs Alexander Shapley, James Treworgie, et al. 1.1 Complaint by Nicholas Roupe 1.2 Answer of Elizabeth Shapleigh 2 Source

Court Papers re Nicholas Roupe vs Alexander Shapley, James Treworgie, et al.

Complaint by Nicholas Roupe

[Note: In the original, e's look like hearts, o's look like a's, r's look like j's, n's look like u's, a's look like crossed u's, v's look like d's, x's look like g's. The words that appear to be "yp all" are probably "yr off", which is possibly an abreviations for "your affiant" and refer to Nicholas Roupe]

to ye right h'able Ed: La: Littleton le: keep of ye greate Seal of England

13 July 1641

morley

humbly completying showeth unto yr Lott yr daly [asfo] Nicholas Roupe of Wafflet in ye County of Devon gent that one Alex: Shapleigh of Darmuth in ye sd County of Devan merchant being seized of [divse] messuages lande & tenementes at Darmouth aforesd & kingswere in ye sd County of Devan & being alsoe possessed & owner of divse Chattles Leases Shippes merchandizes wares household stuffes implements of household & other goods & personall estates of divse & severall sortes & liveing & tradeing as a merchant both here & beyond ye seas & therein made a great [sheld] & held & esteemed to be of greate worth in creditt about [blank in original] yeares last past pretending yt he had occasion to take up some moneys for ye setting forth some of his shippes in some voyages beyond ye seas intreated yr off to be bonden to him unto on Ja: Belden Csob for 100 to one John Sonaster for 100 to Willmot Wise Widdow for 100 amount in ye whole to be 300 principall debt which yr off did accordingly & for his counted security & indebmity thereof ye sd Alex: Shapley & for his eldest Sonne & one James Treworyge of Kingswere aforesd maryner where ye sd Alex: Shapley imployed to goe [chrin______] of his Shippes by [senraff] writeing obligatories became secretlly bound unto yr off with severall conditions for ye freeing of yr off of ye [exagntes] aforesd as by ye sd obligatones & condicons thereof [whereto] relaton being had more at large it doth & may appeare with yr off then conceaved to be good surety for his indempminy & doubted not then but yt ye sd Alex: Shapley would hav pd ye sd [impny] & freed yr sd off but so it is may it please yr good Cort yt he sd Alex: haveing gotten yr off to stand engaged as aforesd & intending not to free yr off but to lay ye whole burhten thereof upon yr off combyned & confederates with Lucie his wife & with ye sd Ja. Treworygie & katherine his wife & with Roger Mallacke of ye Citty of [Exon] merchant Nicholas Shapley henry Shapley Elizabeth Shapley widdow Wm Harries & Jo: Annesley [gowe] to continue his merchandizeing both here & beyond ye Seas & still keepe both himself & ye sd Ja: Treworgie & there goodes free from Arreste & soe consequently [sent of] & not lyable to ye lawes of ye kingdome & for yt proposes he did firste acknowledge a Statute of some greate some of money unto ye sd Roger Mallacke pretending ye same to be for great somes of money due to him from ye sd Alex: Shapley whose some ye sd Roger Mallacke had for many yeres past & yet doth imploy as his servant or ffactor & trusteth him with goodes of greate value & alsoe ye sd Alex: Shapley & James Treworgie haveing made severall conveyances of there Shippes & goodes to some [orone] of ye sd confederates to yr off unknowne & by [conlour] thereof & by ye consent or direction of ye sd Alex: Shapley Lucie his wife James Treworgie & his wife they ye said Roger Mallacke Nic: Shapley henry Shapley Wm Harries Elizabeth Shapley & Ja: Aynesley ale Anngelo haveing taken all or most pt of ye sd Alex: Shpaleye & Ja: Treworgies goodes merchandizes & personall estates into ther handes custody or possession & ye same have or doe conceale or otherwise haves disposed ye somes to ther owne uses or to ye uses of ye sd Alex: Shapley & Ja: Treworgies & ye sd Alex: Shapley & Ja: Treworgie forsookes their owne dwelling & went beyond ye seas & nevr pd any penny of ye sd debtes as aforesd but yr off was since enforced to pay ye some with much [patese] & coste of suite & for his relife therein hath commenced his action att law agt ye sd Alex: Shapley & James Treworgie ye sd Ja: Shapley being [drad] upon one of ye sd Counterbonde made for yr off indempinty & there upon had [also] judgmite ye one agt Alex: & ye other agt ye sd Ja: but as yet cannot take any good thereby in regard they continue beyond the Seas by eligit or fieri faciae upon any of their lande inregard of their secrett conveyances or by attaching any of their goodes or merchandizes for yt ye same are from time to time sent home in ye name & [______] some times of ye sd Roger Mallockes & some time in ye name of ye sd Wm Harries or att other times of ye names of Ja: Annseley & others & by them sold & disposed of & retorne these of made back aganie to ye sd Alex: Shapley & Ja: Treworgye & so there trading continued in [ekovart] way ye sd Alex: Shapleigh Luce his wife & ye sd other [waff koses] & can discoid wt way yr off might have satisfaction and have [but] often times unfriendly [manner] [eoheated] but have & doe still refuse to do ye same [conhagy] to equity & good conscience [Intruder] [considerated] whereof & for yt yr off by person of ther close [conveances] & [comyingy] a cariges of ye several persons before named of ye lande goode merchandize & personall estate of ye sd Alex: Shapley & Ja: Treworgies cannot [tuew] or [vadspond] thereof either wt ye same are or to whome ye severall pesons to [discovr] ye truth & soo is lke to be [reucedtes] & suffer greate damages & losses thereby unlesse by ye favorable aid of this hable Court be way he may be [jelebed] therein and to ye end Alexander Shapley Luce his wife James Treworgie & katherine his wife Roger Mallacke Nicholas Shapley henry Shapley Wm Harries Eliz: Shapley & Jahn Annseley may truly [discover] & set forth what lande or [genced] chattles leases or leased messuages shippes goodes household stuff & merchandices he sd Alex: Shapley & Ja: Treworgie or either of them [uw] are or were seized upon at ye times [whench becanie] bound unto yr off as aforesaid & to whom ye same was conveyed & for what consideration & whaether in trust or bona fides & truly without any condition [lyncaton] or agreemt & Who doth uses hold [zenion] ye same & [bo[ whose have or [possises] ye shippes [warre] merchandices & goodes which they ye sd Alex Shapley & James Treworgie then & [____] hath or had & in whose hande ye same [used] are or have [bine] or what is become of ye shippes [warde] merchandize or other goode of ye sd Alex: Shapley & Ja: Treworgie & whatgoode or merchandize they have sent home from beyond the seas [_____] they went thither & [co when] ye same wayes assigned & whether they doe not still continue trading & merchandizeing by receiveing goode & wares from hence & makeing & sending back retornes in other goode or merchandize for ye same & yet ye sd Roger Mallack may sett forth & expresse for what causes & considerations ye Shapley did acknowledge ye sd [staente] unto him & when & what debt ye sd Alex did then owed him & how much & thereof hath [becae] since pd or assessed upon ye [wages] had & received from ye sd Alex: Shapley or by his orders or what goode in particular he hath had & received from ye sd Alex: Shapley or by his order since ye acknowledgeing as ye sd statutes & what he hath pad or allowed for ye same & to ye end also yt yr off may be releived [wuching] ye [puisse] may it therefore please yr good lott ye [puisse] confided to grant unto yr off his [mates] most gratious processe of subpn to be directed to ye sd Alex: Shapley & Lucie his wife, Ja: Treworgie & Katherine his wife Nic: Shapley & henry Shapley Eliz: Shapley widdow Wm Harries & Jo. Annesley Als Angelo [Condindiuge] them & etc.

Answer of Elizabeth Shapleigh

The answere of Elizabeth Shapleigh one of the Defnts to the bill of Complaint of Nicholas Roope gent Complt

The said Defnt savinge to herselfe nowe and at all tymes hereafter all mannter of advantages of excepcon to the manifest faults untruths and impfections of the saide Bill of Complaint for answerre to soe much thereeof as any may concerneth her this Defnt to bee answered unto shee saith that shee beleiveth it to bee true that the said Aleander Shapleigh in the bill of Complaint named was seised of divers messuags lands and tenements in Dartmouth or Kingesweare and elsewhere in the Countie of Devon And that he was possessed and owner of divers Chattle leases Shippes Marchandizes wares plate household Staple ymplements of household and other goods and personall estate of divers and several sorts and that he did live and trade as a marchaunt or ffactor both here and beyond the seas and was therein held and esteemed to bee of great worth and creditt as in the said Bill of Complaint is set forth And this Defnt hath heard and verilye beleiveth it to be true that the the said Complt was bonnd for the saide Alexander Shapleight as his surety unto John Kellond Esqr in the Bill named for one hundred poinds to John Somaster Esqr for another hundred pounds and to the said Wilmott Wise for another hundred pounds principall debt as in the said Bill of Complt is alsoe expressed but whether the said Alexander Shapleigh John Shapleigh and James Treworgy in the said Bill named did become bound for the counterservitie and indempmtie of the said Complt by their severall writings obligations in several penall bonds with sevall Conditions as in and by the said Bill of Complaint is declared this Defnt knoweth not But this Defnt hath heard that the said Alexander Shapleigh Did acknoledge some statute or make and give some other securitie of a greate somm of money unto the saide Roger Mallocke But what the pretence thereof was this Defnt knoweth not And this Defnt denieth that Alexander Shapleigh hath made any conveyance of his Shippes and goods to this Defnt or that shee doth take any parte of the said Alexander Shapleighes or James Treworgyes goods marchandizes and personall estate int here hands custodie or possession or the same doth conceale or suppresse Or hath otherwise disposed or converted the same to her owne use or to the use benefitt and behoofe of the said Alexander Shapleigh and James Treworgie as in the said Bill of Complaint is set forth and declared And this Defnt further saith that she doth not know what estate in lands leases Shipps good and Marchandized the said Alexander Shapleigh had or hath or in whose hands or custodie the same are whereby the said Complt may receive satisfaction for his said engagements savinge one writinge made by the said Alexander Shapleigh to Wilmott Wise widdowe for and on the behalfe of the said John Shapleigh and her this Defnt and the heires of the saide John Shapleigh which hee should begeett uppon her bodie of divers messuages and other things lyinge in Kingsweare in the Countie aforesaid as this Defnt is informed which was soe donne by the saide Alexander Shapleigh in consideration of the marriage portion which he had and was to have with this Defnt beinge about fouer hundred pounds which the said Wilmott Wise detayneth for and on the behalfe of this Defnt as lawfullye she may doe as shee is enformed. And some other writings shee hath in her castodie but with or whome they concerne she knoweth not but is & will proceid to doe with the samme as she shall be ordered by this Honble Court. Without that that any other matter cause or thinge materiall or effectuall in the said Bill of Complaint concerninge her this Defnt to bee answered unto and here in this answeere not sufficiently confessed and avoyded traversed or denied is true all with matters his Defnt is readie to avow and proove as this most honble Court shall award and praieth to bee dismissed out of the same with her reasonable costs and chardges herein wrongfully sustayned.

Source

• nationalarchives.gov.uk. Catalogue reference: C 6/2/117. Short title: Roupe v Shapley. Plaintiffs: Nicholas Roupe and another. Defendants: Alexander Shapley and Lucy Shapley his wife and others. Subject: property in Dartmouth, and Kingswear, Devon. Date: 1641 Held by: The National Archives, Kew