t ended in favour of John Bruce, who represented the popular party.
In November, 1673, Pepys was more successful, and was elected for Castle
Rising on the elevation of the member, Sir Robert Paston, to the peerage
as Viscount Yarmouth. His unsuccessful opponent, Mr. Offley, petitioned
against the return, and the election was determined to be void by the
Committee of Privileges. The Parliament, however, being prorogued the
following month without the House's coming to any vote on the subject,
Pepys was permitted to retain his seat. A most irrelevant matter was
introduced into the inquiry, and Pepys was charged with having a crucifix
in his house, from which it was inferred that he was "a papist or popishly
inclined." The charge was grounded upon reported assertions of Sir John
Banks and the Earl of Shaftesbury, which they did not stand to when
examined on the subject, and the charge was not proved to be good.

["The House then proceeding upon the debate touching the Election
for Castle Rising, between Mr. Pepys and Mr. Offley, did, in the
first place, take into consideration what related personally to Mr.
Pepys. Information being given to the House that they had received
an account from a person of quality, that he saw an Altar with a
Crucifix upon it, in the house of Mr. Pepys; Mr. Pepys, standing up
in his place, did heartily and flatly deny that he ever had any
Altar or Crucifix, or the image or picture of any Saint whatsoever
in his house, from the top to the bottom of it; and the Members
being called upon to name the person that gave them the information,
they were unwilling to declare it without the order of the House;
which, being made, they named the Earl of Shaftesbury; and the House
being also informed that Sir J. Banks did likewise see the Altar, he
was ordered to attend the Bar of the House, to declare what he knew
of this matter. 'Ordered that Sir William Coventry, Sir Thomas
Meeres, and Mr. Garraway do attend Lord Shaftesbury on the like
occasion, and receive what information his Lordship, can give on
this matter.'"--Journals of the House of Commons, vol. ix., p.
306.--" 13th February, Sir W. Coventry reports that they attended
the Earl of Shaftesbury, and received from him the account which
they had put in writing. The Earl of Shaftesbury denieth that he
ever saw an Altar in Mr. Pepys's house