The CASE concerning the Election of Sir Christopher Calthorp, Knight of the Bath, and Sir Neville Catelyn, Knight, to serve in this present PARLIAMENT, as Knights of the Shire for the County
of Norfolk.
Humbly offered to the Consideration of the Honourable the Knights, Citizens, and
Burgesses in Parliament assembled.
HIS Majesties Royal Proclamation being issued out for calling of a Parliament, and Writs pursuant thereunto, sent to the Sheriffs of every County, to proceed to Elect Members to serve in that Parliament.
The Gentry and Freeholders of the said County, to prevent trouble and charge at the Election, met together to agree of two Persons fit to serve them, and did at such meeting resolve upon the said Sir Christopher and Sir Neville, whom they invited and desired to serve them, giving them assurance that no other person would stand in competition, and that they should be chosen without opposition; whereupon Sir Christopher and Sir Neville accepted their kindness, and resolved to serve them.
Febr. 10. Was the day of the Election, when the County Court being held at the Castle of Norwich, the Sheriff caused the Writ to be read, and immediately proceeded to Election.
The Writ was read about ten of the Clock.
Sir Christopher and Sir Neville, with the far greatest part of the Freeholders were present, and were the only persons that appear'd to stand, till about twelve of the Clock. So that the High Sheriff was just declaring them Elected, but was hindred by one Mr. Hurn, who with a small party of the Freeholders then appeared, and cryed up Sir John Hobart, whose name till then was not mentioned, he having declared he would not stand.
Mr. Hurn demanded the Poll, which was granted, and very fairly carried on till the end thereof, by Sir Christopher and Sir Neville; but many rude, illegal and exorbitant acts were done by Sir John his Party: Divines beaten, the Sheriff assaulted, the Staff of his Office broken, his Life endangered.
The Poll continued so long as there were any to Poll, the last hour and half of the Poll there were not above twenty Polled for Sir John.
The Poll not closed till several Proclamations made for all Freeholders that would, to come and be Polled.
Clerks and Judges of the Poll were appointed on both sides.
When there were no more to be Polled, the Poll was closed, and the books cast up, in the presence of divers of Sir John's party, whereby it appeared that Sir Christopher and Sir Neville, had each of them five hundred and nine voices more than Sir John, howbeit Sir John his party had used many undue means to procure him Votes, and had at a by-place, a great distance from the place assigned for his Poll, Polled some hundreds which had no right to Vote in Elections.
And it is to be noted, that Sir Christopher and Sir Neville had had many hundreds more Electors Polled for them than they had, if Sir John had appeared within the time limited by the Statute for Elections, to wit betwixt nine and eleven; but he not appearing till nigh twelve, it was so confidently believed that there would be no opposition: that many of the Freeholders who would have Polled for Sir Christopher and Sir Neville, and who lived remote from the City, went homeward before Sir John Hobart, or Mr. Hurn on his behalf, appeared.
The Poll being ended, and books computed, the High Sheriff declared the Election, and returned Sir Christopher and Sir Neville, with which return, Sir John Hobart's party were so well satisfied, that many of his Electors signed the Indentures, they well knowing that the Poll Books for Sir John were kept open, above half an hour after Sir Christopher and Sir Neville's were shut, on purpose to Poll what Freeholders they could for Sir John: and that Sir John never pretended he had any more to Poll than what he had Polled, till after the books were cas [...] up, and it was found he had the least Number of Electors.
[...] humbly s;ubmit the s;ame to this Honourable Hous;e.