Philip Herbert, 7th Earl of Pembroke
Encyclopedia
Philip Herbert, 7th Earl of Pembroke, 4th Earl of Montgomery (1652/53 – 29 August 1683) was an English
nobleman who succeeded to the titles and estates of two earldoms on 8 July 1674 on the death of his brother William Herbert, 6th Earl of Pembroke
. A convicted murder
er, he has been called "the infamous Earl of Pembroke."
on 5 January 1652/53 and brought up in Wiltshire
at Wilton House
, Pembroke was the son of Philip Herbert, 5th Earl of Pembroke
, being the eldest son of his father's second marriage to Katherine Villiers, a daughter of Sir William Villiers
and his wife Rebecca Roper. His paternal grandmother was the 4th Earl's first wife; his step-grandmother was Anne Clifford, daughter of George Clifford, 3rd Earl of Cumberland
, and widow of Richard Sackville, 3rd Earl of Dorset
.
As he grew up, Herbert was soon seen as a throwback to his grandfather Philip Herbert, 4th Earl of Pembroke
, although of an even more violent character.
as Earl of Pembroke
and Earl of Montgomery
, and on 17 December the same year he married Henrietta de Kéroualle, the sister of King Charles II
's mistress Louise de Kéroualle
. However, the marriage was childless.
Pembroke served as Custos Rotulorum
("Keeper of the Rolls") of Pembrokeshire
and of Glamorgan
from 1674, and as Custos Rotulorum
and Lord Lieutenant
of Wiltshire
from 20 May 1675 until his death.
In 1677 he nearly killed a man in a duel. On 28 January 1678, Charles II committed him to the Tower of London
"for uttering such horrid and blasphemous words, and other actions proved upon oath, as are not fit to be repeated in any Christian assembly". Pembroke submitted a petition to the House of Lords
for their assistance, denying everything alleged and praying that his fellow peers "will not believe the accusation, or your petitioner capable of so horrid a crime". The Lords then petitioned for Pembroke's release, although with seven bishops and the Duke of York
dissenting, and the king released Pembroke on 30 January.
Less than a week later, on 5 February, a man complained to the House of Lords that Pembroke had assaulted him in the Strand
, and the House ordered Pembroke to give a recognizance
of £2000 that he would thereafter keep the peace
. However, by then Pembroke had already killed a man, Nathaniel Cony, in a brawl in a tavern and a few days later a Middlesex
grand jury
indicted him for murder
. He was subsequently tried by his peers on 4 April 1678 and found not guilty of murder (by eighteen votes to six), but guilty of manslaughter
. Privilege of peerage
was granted, and he was discharged on payment of all fees. However, the Lord High Steward
, the Duke of Ormonde
, warned Pembroke that "his lordship would do well to take notice that no man could have the benefit of that statute but once".
On 17 October 1678 Sir Edmund Godfrey
, who had prosecuted Pembroke for murder, was found dead in a ditch on Primrose Hill
, impaled with his own sword, and this unexplained death caused an anti-Roman Catholic uproar. John Dickson Carr
, in a book about Godfrey's death, examines the contemporary evidence and concludes that Pembroke murdered Godfrey in a revenge killing. This theory was later considered and supported by the historian Hugh Ross Williamson
.
In 1680, John Aubrey
noted that Pembroke had at Wilton "52 mastives
and 30 grey-hounds
, some beares
, and a lyon
, and a matter of 60 fellowes more bestial then they".
On 18 August 1680 Pembroke killed William Smeeth, an officer of the watch, following a drunken evening at Turnham Green
. On 21 June 1681, the grand jury of Middlesex again indicted him for murder, and he could not now claim privilege of peerage a second time. Remarkably, though, following a petition to the king signed by twenty-four of his fellow peers, he was granted a royal pardon.
Pembroke died on 29 August 1683 and was succeeded by his brother Thomas
. He was buried in Salisbury Cathedral
.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
nobleman who succeeded to the titles and estates of two earldoms on 8 July 1674 on the death of his brother William Herbert, 6th Earl of Pembroke
William Herbert, 6th Earl of Pembroke
William Herbert, 6th Earl of Pembroke, 3rd Earl of Montgomery was an English nobleman and politician who succeeded to the titles on 11 December 1669 on the death of his father....
. A convicted murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
er, he has been called "the infamous Earl of Pembroke."
Early life
BaptisedBaptism
In Christianity, baptism is for the majority the rite of admission , almost invariably with the use of water, into the Christian Church generally and also membership of a particular church tradition...
on 5 January 1652/53 and brought up in Wiltshire
Wiltshire
Wiltshire is a ceremonial county in South West England. It is landlocked and borders the counties of Dorset, Somerset, Hampshire, Gloucestershire, Oxfordshire and Berkshire. It contains the unitary authority of Swindon and covers...
at Wilton House
Wilton House
Wilton House is an English country house situated at Wilton near Salisbury in Wiltshire. It has been the country seat of the Earls of Pembroke for over 400 years....
, Pembroke was the son of Philip Herbert, 5th Earl of Pembroke
Philip Herbert, 5th Earl of Pembroke
Philip Herbert, 5th Earl of Pembroke, 2nd Earl of Montgomery , succeeded to the titles in 1649 on the death of his father, also called Philip Herbert....
, being the eldest son of his father's second marriage to Katherine Villiers, a daughter of Sir William Villiers
Villiers Baronets
The Villiers Baronetcy, of Brooksby, in the County of Leicester was created in the Baronetage of England on 19 July 1619 for William Villiers of Brokesby, Leicestershire...
and his wife Rebecca Roper. His paternal grandmother was the 4th Earl's first wife; his step-grandmother was Anne Clifford, daughter of George Clifford, 3rd Earl of Cumberland
George Clifford, 3rd Earl of Cumberland
Sir George Clifford, 3rd Earl of Cumberland, KG was an English peer, as well as a naval commander and courtier in the court of Queen Elizabeth I.-Background:...
, and widow of Richard Sackville, 3rd Earl of Dorset
Richard Sackville, 3rd Earl of Dorset
Richard Sackville, 3rd Earl of Dorset was the son of Robert Sackville, 2nd Earl of Dorset....
.
As he grew up, Herbert was soon seen as a throwback to his grandfather Philip Herbert, 4th Earl of Pembroke
Philip Herbert, 4th Earl of Pembroke
Philip Herbert, 4th Earl of Pembroke and 1st Earl of Montgomery KG was an English courtier and politician active during the reigns of James I and Charles I...
, although of an even more violent character.
Life and career
On 8 July 1674, at the age of twenty-two, Herbert succeeded his elder half-brother WilliamWilliam Herbert, 6th Earl of Pembroke
William Herbert, 6th Earl of Pembroke, 3rd Earl of Montgomery was an English nobleman and politician who succeeded to the titles on 11 December 1669 on the death of his father....
as Earl of Pembroke
Earl of Pembroke
Earl of Pembroke is a title created ten times, all in the Peerage of England. It was first created in the 12th century by King Stephen of England. The title is associated with Pembroke, Pembrokeshire in West Wales, which is the site of Earldom's original seat Pembroke Castle...
and Earl of Montgomery
Earl of Montgomery
The title Earl of Montgomery was created in the Peerage of England in 1605 for Sir Philip Herbert, younger son of the 2nd Earl of Pembroke. The first Earl inherited the Earldom of Pembroke in 1630 from his brother, the 3rd Earl, and the two titles have been united ever since.* Philip Herbert, 4th...
, and on 17 December the same year he married Henrietta de Kéroualle, the sister of King Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
's mistress Louise de Kéroualle
Louise de Kérouaille, Duchess of Portsmouth
Louise Renée de Penancoët de Kérouaille, Duchess of Portsmouth was a mistress of Charles II of England. Through her son by Charles II, Charles Lennox, 1st Duke of Richmond, she is ancestress of both wives of The Prince of Wales: the late Diana, Princess of Wales, as well as The Duchess of...
. However, the marriage was childless.
Pembroke served as Custos Rotulorum
Custos rotulorum
Custos rotulorum is the keeper of an English county's records and, by virtue of that office, the highest civil officer in the county...
("Keeper of the Rolls") of Pembrokeshire
Custos Rotulorum of Pembrokeshire
This is a list of people who have served as Custos Rotulorum of Pembrokeshire.* John Vaughan bef. 1544 – bef. 1558* Thomas Cathern bef. 1558 – bef. 1562* Sir John Perrot bef. 1562–1592...
and of Glamorgan
Custos Rotulorum of Glamorgan
This is a list of people who have served as Custos Rotulorum of Glamorgan.* William Herbert, 1st Earl of Pembroke 1543–1570* Henry Herbert, 2nd Earl of Pembroke 1570–1601* Sir John Herbert 1601–1603...
from 1674, and as Custos Rotulorum
Custos Rotulorum of Wiltshire
This is a list of people who have served as Custos Rotulorum of Wiltshire.* Sir Richard Lyster bef. 1544–1553* Sir John Thynne bef. 1558–1580* Henry Herbert, 2nd Earl of Pembroke bef. 1584–1601...
and Lord Lieutenant
Lord Lieutenant of Wiltshire
This is a list of people who have served as Lord Lieutenant of Wiltshire. From 1750, all Lord Lieutenants have also been Custos Rotulorum of Wiltshire.-Lord Lieutenants of Wiltshire:*William Herbert, 1st Earl of Pembroke 1551 – 17 March 1570...
of Wiltshire
Wiltshire
Wiltshire is a ceremonial county in South West England. It is landlocked and borders the counties of Dorset, Somerset, Hampshire, Gloucestershire, Oxfordshire and Berkshire. It contains the unitary authority of Swindon and covers...
from 20 May 1675 until his death.
In 1677 he nearly killed a man in a duel. On 28 January 1678, Charles II committed him to the Tower of London
Tower of London
Her Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...
"for uttering such horrid and blasphemous words, and other actions proved upon oath, as are not fit to be repeated in any Christian assembly". Pembroke submitted a petition to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
for their assistance, denying everything alleged and praying that his fellow peers "will not believe the accusation, or your petitioner capable of so horrid a crime". The Lords then petitioned for Pembroke's release, although with seven bishops and the Duke of York
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
dissenting, and the king released Pembroke on 30 January.
Less than a week later, on 5 February, a man complained to the House of Lords that Pembroke had assaulted him in the Strand
Strand, London
Strand is a street in the City of Westminster, London, England. The street is just over three-quarters of a mile long. It currently starts at Trafalgar Square and runs east to join Fleet Street at Temple Bar, which marks the boundary of the City of London at this point, though its historical length...
, and the House ordered Pembroke to give a recognizance
Recognizance
In some common law nations, a recognizance is a conditional obligation undertaken by a person before a court. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges that he owes a personal debt to the state...
of £2000 that he would thereafter keep the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
. However, by then Pembroke had already killed a man, Nathaniel Cony, in a brawl in a tavern and a few days later a Middlesex
Middlesex
Middlesex is one of the historic counties of England and the second smallest by area. The low-lying county contained the wealthy and politically independent City of London on its southern boundary and was dominated by it from a very early time...
grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
indicted him for murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
. He was subsequently tried by his peers on 4 April 1678 and found not guilty of murder (by eighteen votes to six), but guilty of manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
. Privilege of peerage
Privilege of Peerage
The privilege of peerage is the body of special privileges belonging to members of the British peerage. It is distinct from Parliamentary privilege, which applies only to those peers serving in the House of Lords and the members of the House of Commons, while Parliament is in session and forty days...
was granted, and he was discharged on payment of all fees. However, the Lord High Steward
Lord High Steward
The position of Lord High Steward of England is the first of the Great Officers of State. The office has generally remained vacant since 1421, except at coronations and during the trials of peers in the House of Lords, when the Lord High Steward presides. In general, but not invariably, the Lord...
, the Duke of Ormonde
James Butler, 1st Duke of Ormonde
James Butler, 1st Duke of Ormonde PC was an Irish statesman and soldier. He was the second of the Kilcash branch of the family to inherit the earldom. He was the friend of Thomas Wentworth, 1st Earl of Strafford, who appointeed him commander of the Cavalier forces in Ireland. From 1641 to 1647, he...
, warned Pembroke that "his lordship would do well to take notice that no man could have the benefit of that statute but once".
On 17 October 1678 Sir Edmund Godfrey
Edmund Berry Godfrey
Sir Edmund Berry Godfrey was an English magistrate whose mysterious death caused anti-Catholic uproar in England...
, who had prosecuted Pembroke for murder, was found dead in a ditch on Primrose Hill
Primrose Hill
Primrose Hill is a hill of located on the north side of Regent's Park in London, England, and also the name for the surrounding district. The hill has a clear view of central London to the south-east, as well as Belsize Park and Hampstead to the north...
, impaled with his own sword, and this unexplained death caused an anti-Roman Catholic uproar. John Dickson Carr
John Dickson Carr
John Dickson Carr was an American author of detective stories, who also published under the pen names Carter Dickson, Carr Dickson and Roger Fairbairn....
, in a book about Godfrey's death, examines the contemporary evidence and concludes that Pembroke murdered Godfrey in a revenge killing. This theory was later considered and supported by the historian Hugh Ross Williamson
Hugh Ross Williamson
Hugh Ross Williamson was a prolific British historian, and a dramatist. Starting from a career in the literary world, and having a Nonconformist background, he became an Anglican clergyman in 1943....
.
In 1680, John Aubrey
John Aubrey
John Aubrey FRS, was an English antiquary, natural philosopher and writer. He is perhaps best known as the author of the collection of short biographical pieces usually referred to as Brief Lives...
noted that Pembroke had at Wilton "52 mastives
English Mastiff
The English Mastiff, referred to by virtually all Kennel Clubs simply as the Mastiff, is a breed of large dog perhaps descended from the ancient Alaunt through the Pugnaces Britanniae. Distinguishable by enormous size, massive head, and a limited range of colors, but always displaying a black mask,...
and 30 grey-hounds
Greyhound
The Greyhound is a breed of sighthound that has been primarily bred for coursing game and racing, and the breed has also recently seen a resurgence in its popularity as a pedigree show dog and family pet. It is a gentle and intelligent breed...
, some beares
Brown Bear
The brown bear is a large bear distributed across much of northern Eurasia and North America. It can weigh from and its largest subspecies, the Kodiak Bear, rivals the polar bear as the largest member of the bear family and as the largest land-based predator.There are several recognized...
, and a lyon
Lion
The lion is one of the four big cats in the genus Panthera, and a member of the family Felidae. With some males exceeding 250 kg in weight, it is the second-largest living cat after the tiger...
, and a matter of 60 fellowes more bestial then they".
On 18 August 1680 Pembroke killed William Smeeth, an officer of the watch, following a drunken evening at Turnham Green
Turnham Green
Turnham Green is a public park situated on Chiswick High Road, Chiswick, London. It is separated in two by a small road. Christ Church stands on the eastern half of the green. A war memorial stands on the eastern corner...
. On 21 June 1681, the grand jury of Middlesex again indicted him for murder, and he could not now claim privilege of peerage a second time. Remarkably, though, following a petition to the king signed by twenty-four of his fellow peers, he was granted a royal pardon.
Pembroke died on 29 August 1683 and was succeeded by his brother Thomas
Thomas Herbert, 8th Earl of Pembroke
Thomas Herbert, 8th Earl of Pembroke, 5th Earl of Montgomery, KG, PC, FRS was a British politician during the reigns of William III and Anne....
. He was buried in Salisbury Cathedral
Salisbury Cathedral
Salisbury Cathedral, formally known as the Cathedral Church of the Blessed Virgin Mary, is an Anglican cathedral in Salisbury, England, considered one of the leading examples of Early English architecture....
.