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 or lodgings; as to the Crucifix, he saith he hath, some imperfect memory of seeing somewhat which he conceived to be a Crucifix.  When his Lordship was asked the time, he said it was before the burning of the Office of the Navy.  Being asked concerning the manner, he said he could not remember whether it were painted or carved, or in what manner the thing was; and that his memory was so very imperfect in it, that if he were upon his oath he could give no testimony.”—.  Ibid., vol. ix., p. 309.—­” 16th February—­Sir John Banks was called in—­The Speaker desired him to answer what acquaintance he had with; Mr. Pepys, and whether he used to have recourse to him to his house and had ever seen there any Altar or Crucifix, or whether he knew of his being a Papist, or Popishly inclined.  Sir J. Banks said that he had known and had been acquainted with Mr. Pepys several years, and had often visited