Herbert, as he was styled after his father’s succession to the earldom of Worcester in 1628, is best known as an inventor. However, although he may have had a genius for early steam power and was accredited by Edward Hyde, later earl of Clarendon, as ‘a man of more than ordinary affection and reverence to the person of the king’, in most other regards he has come to be perceived as at best a scatterbrained fantasist and at worst a dishonest and fraudulent gold-digger.
Herbert’s family claimed their descent from a bastard line of the Beaufort dukes of Somerset, themselves the illegitimate descendants of John of Gaunt. Marriage into the Herbert family had brought Charles Somerset† interest in Wales, as a result of which he was elevated to the peerage in 1513 as earl of Worcester. The 5th earl, Herbert’s father, converted to Catholicism as a result of his travels on the continent in the 1590s and thereafter the family seat at Raglan Castle acquired the reputation of a seedbed of popery. It was rumoured to be the headquarters of a Jesuit mission in Wales.
The outbreak of The Civil War found both Worcester and Herbert active on the king’s behalf, with Herbert proving to be an unsuccessful if not actually incompetent general in the west. In November 1642 Worcester was promoted to a marquessate for his services and two years later Herbert claimed to have been rewarded with the earldom of Glamorgan.
More controversially still, Herbert also claimed to have been promised promotion to the dukedoms of Somerset and Beaufort as a reward for leading a mission to Ireland to recruit an army from the Catholic confederates there.
Herbert failed to return to England following his release from custody, remaining in Ireland in alliance with the confederate army. With the death of his father in December 1646 he became the second marquess of Worcester, though he still did not return to England, moving in 1648 to France. The following year he approached the new king about his hoped-for grant, but was rebuffed.
Worcester’s return to England was probably connected with his efforts to secure his inheritance. As early as 1637, the 1st marquess had attempted to steer control of the family estates away from his son and, according to the evidence of the 1st marquess’s chaplain, he bemoaned the fact that his heir was so prodigal that, though he ‘had a chamber full of gold he would throw it all away’. The 1st marquess’s intention appears to have been to settle his estates as far as possible on his grandson Henry (styled Lord Herbert), but he died leaving only a nuncupative will and the details of this appear to have been suppressed by his sister, Lady Montagu, and perhaps also by the 2nd marquess.
With no trial forthcoming, Worcester petitioned successfully to be released from his imprisonment in October 1654, pleading old age and the presence of smallpox in the area.
At the Restoration, Worcester was noted as a papist in an assessment of the Lords compiled by Philip Wharton, 4th Baron Wharton, in March 1660.
Worcester submitted a petition for the return of his own estates on 20 June 1660, emphasizing that his father had ‘spent more than any other subject for the service of the late king’.
On 7 Aug. Worcester was granted leave to bring in a bill for restoration of his estates and it received its first reading six days later. His legitimate aspiration to recover his lands was cast into the shade on 18 Aug. when William Seymour, marquess of Hertford, informed the House of Worcester’s intention of presenting a patent claiming the dukedom of Somerset and Beaufort jointly (the former of which was also claimed by Hertford). Worcester’s claim rested on his 1644 commission from the former king but, although the Venetian resident reported that it was difficult to predict which side would prove the stronger in the dispute, it was widely believed that Worcester’s patent was a forgery.
Worcester’s motivation in petitioning for the dukedom is difficult to divine. It seems quite possible that he was warmly encouraged by his marchioness, who was notoriously unstable, but his own flamboyant nature no doubt contributed to his desire to be recognized for what he perceived to have been exceptional service to the former king. Thwarted in his efforts to secure the peerage, he turned his attention to overseeing other business. He returned to the House for the second session of the Convention on 6 Nov. 1660, after which he was present on 60 per cent of all sitting days. Named to two committees on 27 Nov., two days later he reported from that considering the tobacco bill and on 4 Dec. he was named to the committee for Sir Thomas Grimes’s bill. On 12 Dec. two provisos (one of Worcester’s and the other of his son Herbert’s) to the bill for attainting the murderers of Charles I were referred to a subcommittee and two days later Worcester’s proviso was agreed to following some slight amendments. Worcester reported from the committee for Grimes’s bill on 15 Dec. and from that for Sir Anthony Browne’s bill five days later. Although the latter bill was recommended to the House as fit to pass, it was later rejected.
Worcester took his seat at the opening of the new Parliament on 8 May 1661, after which he was present on 35 per cent of all sitting days but was named to just one committee. He was marked absent at a call on 20 May but resumed his place a little under three weeks later on 8 June. Still plagued by financial difficulties, on 2 July he was forced to claim privilege to protect himself from creditors, who were pursuing debts estimated at £20,000. His predicament prompted the House to issue an order on 8 July to prevent further waste of his estates. Worcester was again absent at a call of the House on 25 Nov. 1661 but he returned to his place the following day, when he was named to the committee for the heralds’ bill. On 7 Dec. he was added to the committee for privileges and on 12 Dec. his own bill received its first reading. Following its second reading on 17 Feb. 1662, counsel were ordered to be heard in the matter the following day and on 28 Feb. Worcester was granted leave to withdraw the bill. A (presumably amended) version was presented to the House shortly after and read for the first time on 10 Mar. but no further progress was made in the business before the close of the session. In the meantime, Worcester’s steward, John Tippetts, threatened to nullify an agreement with the navy commissioners for the purchase of timber from Worcester’s forests, insisting that the arrangement was contrary to the marquess’s best interests.
Worcester’s efforts to secure his estates were complicated by his continuing troubled relationship with his heir but by September 1662 a settlement was arrived at, whereby Herbert agreed to take on Worcester’s debts and pay him an annuity. In return Herbert took control of the estates. The following year, Worcester appointed Robert Raworth and Richard Cocks trustees to oversee his remaining lands in England and Wales.
For all his monetary worries, Worcester was willing on occasion to use what little interest he had on behalf of others, and in December 1662 he petitioned Henry Bennet, later earl of Arlington, for a Captain Foster to be admitted to bail. Worcester had known Foster while imprisoned in the Tower and insisted that his wife ‘was ever a most hardy cavalier’.
Following several adjournments, the committee reconvened on 26 Mar. when it was resolved by 11 votes to 1 to report the bill with the committee’s proposed amendments. Reported by Northampton on 28 Mar., following debate the bill was ordered to be recommitted. It was considered in committee once more on 30 Mar. with the lord privy seal (Arthur Annesley, earl of Anglesey) in the chair, before being reported to the House again by Northampton, after which it was ordered to be engrossed.
Two years previously Worcester had offered a share in the venture to John Maitland, 2nd earl, later duke, of Lauderdale [S], describing it as ‘the greatest gift of invention for profit that I ever yet heard of’, but Lauderdale appears to have declined taking advantage of the opportunity.
Worcester took his seat in the new session on 4 Apr. 1664, after which he was present on 44 per cent of all sitting days. On 14 Apr. the House ordered a stay of proceedings during the time of privilege in Langham v. Warner, but Worcester undertook not to insist on his privilege in the future for this case. Absent at a call on 7 Dec., he returned to the House two days later but this proved to be the only occasion on which he attended during the session. He was absent from the opening of the subsequent session held in Oxford on 9 Oct. 1665, delaying taking his seat until the 16th. Present on just over half of all sitting days, he was named to two committees on 26 October. He sat for the last time five days later.
Following the close of the session, Worcester submitted a new petition to the king, rehearsing the by now well-worn theme of his father’s vast expenditure in the royal cause, as a result of which he pleaded that he was ‘reduced to a small pittance’. To add to his miseries he was also being sued by John Hall, one of the receivers of revenue, for a loan of £6,000, which Hall had since assigned to the crown. Worcester begged for the king’s intercession in the affair to save him from falling further into desperation.
Once again, Worcester was disappointed in his expectations. On 1 Oct. 1666 he was excused at a call. Although he registered his proxy with Northampton on 17 Dec., he appears to have attended a committee of the House during the session, as it was reported on 22 Dec. that both he and George Villiers, 2nd duke of Buckingham, had been sent to the Tower following a scuffle during which Buckingham was said to have taken Worcester by the nose ‘and pulled him about’.
At about the same time that Worcester was attempting this final throw, his wife also petitioned the House for relief. She cited her husband’s great debts contracted in the king’s cause and that, although he had paid off £50,000 of the arrears, his estate was now seized upon by creditors and the couple were in danger of being ejected from their London residence.
