Page:Dictionary of National Biography volume 26.djvu/187

Herbert  frequently with his uncle, Sir Henry Herbert, who (he complained) treated him with little consideration (, Epist. Curios, i. 81 sq.) He died 9 Dec. 1678, and was buried in St. Edmund's Chapel, Westminster Abbey. He built in 1603 a house called Lymore, near the site of the demolished Montgomery Castle. A portrait is at Powis Castle (Powysland Club Collections, vii. 139-147). Herbert married first Anne, daughter of Sir Thomas Middleton of Chirk, and secondly, Elizabeth, daughter of George Brydges, lord Chandos, but had no issue.

On his death his brother, (d. 1691), succeeded as fourth Lord Herbert of Cherbury. The fourth lord had been associated with Booth's rising in 1659, and served under the Duke of Monmouth as captain of a troop of horse engaged in the service of France in 1672 (cf. his letters to his cousin in, ii. 89 sq.) He withdrew from the army on succeeding to the peerage, was made custos rotulorum of Montgomeryshire 20 Dec. 1679, and joined the party of the Duke of Monmouth, in opposition to the Duke of York. On 5 Jan. 1680 he was one of the body of petitioners who demanded the summoning of parliament with a view to passing the Exclusion Bill, and he afterwards joined his cousin, Henry Herbert (1654-1709) [q.v.], in promoting the revolution. He was made cofferer of the household to William and Mary. He married Lady Catherine, daughter of Francis Newport, earl of Bradford, and died without issue in 1691. A portrait in armour (the hair is red) is at Powis Castle. He left all his property to his nephew Francis of Oakley Park, Shropshire, son of his sister Florentia or Florence, by Richard Herbert of Dolguog. Francis Herbert's son, Henry Arthur Herbert, was created Lord Herbert of Cherbury and Earl of Powis in 1748 (Powysland Club Collections, vii. 147-50).

[The 1886 edition of Lord Herbert of Cherbury's Autobiography, ed. Lee, supplements the information offered by Herbert himself. In an appendix some of Herbert's correspondence while abroad is printed from a letter-book in the Brit. Mus. Addit. MS. 7082. At Powis Castle remain many letters of Herbert which have not been printed (cf. Hist. MSS. Comm. 10th Rep. App. iv. pp. 378 sq.), and a few others are at the Public Record Office. M. de Rémusat, in his Lord Herbert de Cherbury, sa Vie et ses Œuvres, fully discusses Herbert's philosophy, and adds notes of his life from original French sources. See also Powysland Club Collections, vols. vii. and xi.; Aubrey's Lives of Eminent Men; Walton's Life of George Herbert; Wood's Athenæ, ed. Bliss, iii. 239: J. Churton Collins's edition of Herbert's Poems, 1881; Phillipps's Civil Wars in Wales; Reid's Works, ed. Sir William Hamilton; Academy, 10, 24, and 31 March 1888.]  HERBERT, EDWARD (1591?–1657), judge, born about 1591, was son of Charles Herbert of Aston, Montgomeryshire, uncle of Edward, lord Herbert of Cherbury [q. v.], by Jane, daughter of Hugh ap Owen. He was admitted to the Inner Temple in November 1609; was called to the bar in 1618; entered parliament in 1620 as member for the borough of Montgomery, and sat for Downton, Wiltshire, between 1625 and 1629. He was one of the members who managed the impeachment of Buckingham in 1626, and one of the counsel for Selden on his prosecution after the dissolution of 1629. On 1 July 1630 he was appointed steward of the Marshalsea. In April 1633 he appeared with Serjeant Bramston for the Bishop of Lincoln on his prosecution by Laud for his lax views on the proper designation and position of the communion-table. In the following October he was elected a member of a committee to arrange a masque to be performed at Christmas by members of the four inns of court before the king and queen at Whitehall, by way of protest against the recent publication of Prynne's ‘Histrio-Mastix’ [see Finch, John (1584-1660) (DNB00)]. On 20 Jan. 1634–5 he was appointed attorney-general to the queen, with precedence ‘immediately after the two ancientest of the king's serjeants-at-law and the attorney- and solicitor-general.’ He was autumn reader at the Inner Temple in 1636; was associated with the attorney-general in the prosecution of Burton, Bastwick, and Prynne for seditious libel in 1637; and was appointed treasurer of the Inner Temple in the following year. On 25 Jan. 1639–40 he was appointed solicitor-general, and was knighted at Whitehall 28 Jan. 1640–1. On 23 March he was returned to parliament for Old Sarum, for which place he also sat in the Long parliament until 29 Jan. 1640–1, when he accepted the office of attorney-general, and thereby, according to the then existing rule, became an assistant to the House of Lords, and vacated his seat in the commons. He had not particularly distinguished himself in the commons. According to Clarendon, who, however, was one of his personal enemies, he had ‘been so awed and terrified with their temper’ that he had ‘longed infinitely to be out of that fire,’ and was glad of the change to the upper house.

On 3 Jan. 1641–2 Charles gave Herbert instructions by letter under his own hand to exhibit articles of impeachment against Lord Kimbolton and the five members of the House