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Herbert a chivalrous devotion, invited him to Shrewsbury in February 1643-4 to discuss measures for the defence of Wales, Herbert sent the same excuse. Moreover, he begged Rupert not to send any soldiers to Montgomery for the defence of his castle, as he was content to rely on his son's troops. Later in the year (August) Prince Rupert again commanded Herbert's attendance at Shrewsbury, and again Herbert declined to leave home, on the ground that he had ‘newly entered into a course of physic.’ On 3 Sept. Sir Thomas Middleton advanced on Montgomery Castle at the head of a parliamentary army. Herbert was alone there with his daughter Beatrice. Middleton summoned him to surrender, and allowed him a few days' delay. Meanwhile, on 9 Feb. 1643-4, parliament had given orders for the confiscation of Herbert's London property. His books were to be sold by the parliamentary officials on 30 Aug., but the sale was adjourned for a week till they heard of his ‘behaviour touching the surrender of his castle.’ Moved doubtless by a desire to save his property, Herbert, half an hour after midnight of Thursday, 5 Sept., signed an agreement with Middleton's lieutenant, James Till, to admit to his castle a garrison of twenty of Middleton's soldiers, on condition that he should, if he chose, remain in the castle with his daughter, or if he desired to remove to London be provided with a convoy; that none of his property should be seized; that no soldiers should enter his library or the adjoining rooms, and that when peace was arranged he should be replaced in full possession of the castle and its contents. He straightway sent a servant, James Heath, to London, to inform the parliament of his compliance with Middleton's demands, and to request a further delay of the threatened sale of his London property. Brereton, the parliamentary general in Cheshire, forwarded a favourable report of Herbert's action.' On 23 Sept. the orders for the sequestration of his goods were discharged.

In the meantime Sir Michael Ernely, the royalist commander, had arrived at Montgomery, and had laid siege to the castle, which the royalists described as the key to North Wales. Middleton obtained large reinforcements, and Lord Byron came to Ernely's aid. On 17 Sept. a battle was fought, and resulted in the defeat of the royalists. Thereupon Herbert went to London ; made submission to the parliament; petitioned for pecuniary aid, and was granted 20l. a week (25 Feb. 1644-5). Thenceforth he lived chiefly in his London house in Queen Street, near St. Giles's, and occupied himself with literary work. On 26 Oct. 1646 he was appointed steward of the duchy of Cornwall and warden of the Stannaries. On 25 March 1647 he complained to the parliament that he was excluded from Montgomery Castle; asked permission to appoint a governor of his own choosing, and promised to maintain the castle in the parliamentary cause. His request was granted. On 12 May he was called before the House of Lords to answer for the failure of his governor to resist an assault on the castle made by the royalists of Welshpool. In September 1647 he visited the philosopher Gassendi in Paris. On 9 Nov. he was fined for absenting himself from the House of Lords, but the fine was remitted on the ground of his ill-health. On 4 May 1648 he petitioned for payment of the arrears of his pension, and bitterly complained of his losses. He made his will on 1 Aug. 1648, and on 20 Aug. he died at his house in Queen Street. Aubrey reports that on his deathbed he sent for Ussher, a friend in earlier years, to administer the sacrament to him, remarking that it might do him some good and could do him no harm. On these terms Ussher declined his request. By Herbert's directions his body was buried at twelve o'clock at night in the church of St. Giles's-in-the-Fields, ‘without pomp or other ceremony than is usual.’ A Latin inscription, said to be by Lord Stanhope, was inscribed on his gravestone. He had written an epitaph in English verse for himself, and designed an elaborate monument to be erected either in Montgomery or Cherbury Church, but this plan was not carried out. Under his will his grandson Edward, son of his elder son, Richard, inherited most of his books and personal property, which were to be strictly applied to his personal use. Money was appointed for his ‘education in some one of the universities or in travel beyond the seas.’ Small bequests of personal property were made to Herbert's daughter Beatrice, and his granddaughters, Frances and Florence (young Edward's sisters). His younger son, Edward, was granted the manor of Llyssin for life, on condition of payment of 10l. yearly to ‘two maimed soldiers,’ who had distinguished themselves in war in the service of England or her allies, and who were to ‘wait with halberds in their right hands’ before Montgomery Castle. Richard, the elder son, was granted his father's horses, with a special injunction ‘to make much of the white horse;’ and the viols and lutes went to Richard's wife. Finally Herbert stated that the parliament owed him 2,000l., the arrears of his pension, and that he lost 2,000l. in the war, all which debts he remitted on condition that the fine Rh