Pepys’s kind patron and kinsman the Earl of Sandwich died heroically in the naval action in Solebay, and on June 24, 1672, his funeral was performed with some pomp. There were eleven earls among the mourners, and Pepys, as the first among “the six Bannerrolles,” walked in the procession. This same year there was some talk of the elevation to the peerage of Sir Robert Paston, M. P. for Castle Rising, and the Duke of York at once thought of Pepys as a candidate for his seat. The influence of Lord Howard, who had done what he could at Aldborough, was pre-eminent at Castle Rising; and James at once spoke to him to obtain his interest. Lord Howard was, however, in somewhat of a fix, for according to a letter which Thomas Povey wrote Pepys on August 31st, 1672, “he stands engaged to the King for Sir Francis North, to the Duchess of Cleveland for Sir John Trevor, her counsel and feoffee, and to the Duke for” Pepys. Time, however, got the peer out of his dilemma. First of all, Sir Robert Stewart, a Master of Chancery and the other member for the borough, died, and Trevor was elected in his place; then North was put in for King’s Lynn; and lastly, when Paston was created Viscount Yarmouth, Pepys was chosen to succeed him, on the 4th of November, 1673. Mr. Offley, his unsuccessful opponent, petitioned against the return, and the Committee of Privilege determined the election to be void; but Parliament being prorogued shortly afterwards, before any decision had been come to by the House, Pepys was permitted to retain his seat. The journals of the House[83] contain a full account of the proceedings, which chiefly consisted of evidence respecting a frivolous charge made against Pepys. It was reported that a person of quality (who turned out to be Lord Shaftesbury) had seen an altar with a crucifix upon it in his house. When called upon, Shaftesbury denied that he had ever seen “an altar in Mr. Pepys’s house or lodgings; as to the crucifix,” he said he had “some imperfect memory of seeing somewhat which he conceived to be a crucifix.”[84] Pepys stood up in his place and flatly denied “that he had ever had any altar, or crucifix, or the image or picture of any saint whatsoever in his home from the top to the bottom of it.”[85] He further explained what might have given cause for the aspersion. “Because he could not go much abroad, he has made his home as pleasant to himself as he could, embellishing it with painting. He has a small table in his closet, with a Bible and Common Prayer-book upon it, and ‘The Whole Duty of Man,’ a bason and an ewer, and his wife’s picture over it, done by Lombard. This is the whole thing talked of for an altar.”[86]