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Will of The Honorable Edward Lord Herbert of Cherbury 1648

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Date: 1648 [unknown]
Location: Westminster, London, Englandmap
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The Will of Edward Lord Herbert, 1st Baron Herbert of Cherbury, was written on 1 August 1648 and proved (Probate in Latin), at London, Prerogative Court of Canterbury, administration granted on 5 October 1648 to Edward Herbert, the executor named in the will.[1]

Spelling, punctuation and line breaks are as per the register copy. Capital F is rendered as F rather than ff. Abbreviations are expanded and additions noted in [square brackets]. Paragraph breaks (where added) and bold text for names are my own for ease of reading.

  • Mr Stone in Long acre (stonemason)
  • Edward Herbert (grandson, son of Richard)
  • Collonell Richard Herbert (eldest son and heir)
  • Beatrice Herbert (daughter)
  • Frances Herbert (granddaughter, daughter of Richard)
  • Florence Herbert (granddaughter, daughter of Richard)
  • John Herbert (grandson)
  • Captaine Edward Herbert (second son)
  • Anthony Tyrens a Dutch merchant (debtor)
  • Piere Fontene a french merchant (debtor)
  • Mr John Spencer of the Cittie of London draper (friend)
  • Lady Mary (daughter in law)
  • Sir Thomas Middleton knight
  • John Selden of the Inner Temple Esquire (friend, executor)
  • Evan Thomas of Bishoppes Castle (friend, executor)
  • Lord North (friend, overseer)
  • Thomas Treavor knight (friend and kinsman, overseer)
  • Witnesses: Joane Browning; Art: Trevor: Frid: Klim: Thomas Thomas; Richard Davis; Dorathy Watson. Griffith Jones.

In the name of the eternall and good God
I Edward lord Herbert of Cherbury within the kingdom of England and of Castle Island within the
realme of Ireland being in good sense and memorie through Gods favour and grace doe make and ordaine
this my last will and testament. And first I give and bequeath my ^rationall soule with all its diviner faculties, being
understanding, will, faith, hope, love, and ioy to God my Creator redeemer and preserver, com[m]itting all my other
faculties to my rationall so farr as they are capable of being united, leaving the rest to theire principalls and
elements especially my earthly parts to the earth to be buried att twelve of the clocke att night in the parish church
where I shall dye without pompe or other ceremonie then is usuall forbidding all mourning or shewe of
mourning thereat, since my soule through Gods great mercie will be in happines, and that so wretched a
thinge as a Carcasse deserves itt not, desiring my friends nevertheless to love my memorie. However itt is ^my will
that a monument which remaines with one Mr Stone in Long acre or his executors may be erected in
Montgomery or Cherbury Church with a strong grate of iron or fiellis of eight foot high before itt every way where
it is needfull and that my executors hereafter named or the maior part of them furnish the charge thereof as also
that which rests due to the said Mr Stone or his executors for the same being five and twentie pounds to be
paid in hand and twentie pounds more when the worke is finished. And that this inscript[i]on be placed
in the pedestall of the pillar which is to stand in the middle of the said monument Quid aspectas lector?
non iacet ullibi Edwardus Baro Herbert de Cherbury et Castri Insula de Kerry, sed meliori sui parte in
beatorum sedes abrit seram posteritatum testatus nihil ita relictum nisi quod secum abducere noluit, vale
lector et stude eternitati.[2] Notwithstanding which and if leave may be obtained for the building of a
little Chappell adiacent to that att Mountgomery where my Anncestors lye buried, or els att the upper end
of the Channcell on the South side a little above an old monument there Then my will is that the said
chappell be built so that within the walls itt may be fourteene foote broad, one and twentie foot long
and two and twentie foot high to be finished with stavres about as the other chappell is and that a
grate or Fiellis of iron of eight foot high be erected att seaven foot distance from the entrie into it, so that a
square of fourteene foot may remaine for placeing the monument. As for and concerning my
personall estate att my Castle of Mountgomery and in my house in Queene streete in the County of
Middlesex or els where within the kingdom of England and dominion of Wales I doe dispose thereof in
manner following First as for and concerning all my housholdstuffe of what kind or sort soever they

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be, all my bookes, all the Armes belonging to the said Castle, ammunition and all other my goods
whatsoever within my said Castle of Mountgomery or elswhere within the ^said Countie of Mountgomery
(my plate in my said Castle and my hatband of dyamonds onely excepted) I doe hereby give
and bequeath the same unto my dearely beloved grandsonne Edward Herbert eldest sonne of
my sonne and heire Collonell Richard Herbert, charging my said grandsonne upon my blessing
that he neither sell, or give away, nor as much as lend any of my said bookes out of my said Castle
or that he sell away the richer furniture of the said Castle, but that the same together with
my said bookes may attend upon the settlement and intaile of my said Castle and estate
formerly made for the preservac[i]on thereof in my name and [...] for ever, if it shall so please
Allmightie God. And my further will is that my said grandsonne Edward Herbert shall permitt and
suffer his said father to have the use of the said bookes and housholdstuffe during his life he putting in
good securitie to my Executors hereafter named for the using of them with good husbamdry and with
out spoile and for returning of them to my said grandsonne with safetie and without
diminution. Item I give and bequeath unto my daughter Beatrice Herbert all my plate nowe
being within my said Castle of Mountgomery hereby and herein formerly excepted upon this
condic[i]on that my said daughter doe yeild upp and deliver over my diamond hatband formerly
likewise excepted, and nowe in her possession by my deliverie to be kept and preserved for mee
to and for such person or persons to whom I shall by this my last will dispose and bequeath the
same. And if she shall refuse to deliver the said hatband according to my direct[i]on[s] as aforesaid
then my will is that my said grandsonne Edward Herbert shall have the said plate to his
owne use, and the bequest and gift thereof to my said daughter to be void Item I give unto my
deare grand children Frances and Flourence Herbert daughters of my said sonne Collonell Richard
Herbert my said dyamond hatband now in the custodie of my said daughter Beatrice to be taken in
peeces and to be equally divided betweene them and to ve converted into wearing iewells which
I desire them to keepe for my sake. And as for and concerning all my hangings, linnen, pewter, and
other housholdstuffe and implwments of houshold, my plate of all kindes onely excepted now being and
remayning in my house in Queenstreete aforesaid. As allso all my wearing apparrell (my gowne of
cloth of tishew which I intend to bestowe and my robes of honor which I leave to my house excepted)
and allso my hangings and other goods remayning in the hands of Mr John Spencer of London.
My will and meaning is and I doe hereby devise and appoint that the same be sold by my said
executors hereafter named or the maior part of them. And my meaning is that the monie which
shalbe raised by such sale shalbe disposed of by my Executors hereafter named or the greater parte
of them in manner following. First I doe bequeath the summe of foure hundred pounds thereof unto
my said daughter Beatrice as an addition to her porc[i]on formerly settled upon her by mee by one Indenture
bearing date the seaventh day of August in the yeare one thousand five hundred fortie and two
which hath reference to a precedent Conveyance of the first of Aprill in the twelveth yeare of his
Maiesties reigne that nowe is. Nevertheles subiect to an upon this Condic[i]on that she deliver over into
the hands of my said grandchildren to whom I have bequeathed the same my hatband of
dyamonds nowe in her keepeing and not otherwise. Item I give and bequeath unto my said twoe
grandchildren Frances and Florence Herbert two small bagges of old gold, each bagg conteyning one
hundred and twentie pounds to be divided amongst them part and part like so as they dispose not
thereof before theire respective marriages and that the same may continue and be acconnted
part of theire porc[i]ons Item whereas I have the summe of two hundred pounds in newe gold in one other
bagg I doe give the summe of eightie pounds of the said summe of two hundred in new gold to my grand=
sonne John Herbert, and the rest residue and remainder of the said summe being one hundred and
twentie pounds I doe give the same to be divided amongst my grandchildren not before named and laid
out for theire best advantage by my executors hereafter named or the maior part of them which ^severall said
summe of eightie pounds and one hundred and twentie pounds my will is that my executors hereafter
named see the same laid out for theire best advantage Item I leave unto my said grandsonne Edward
Herbert the summe of twentie pounds in gold in one bagg in the trunke in my chamber and seaven
or eight and twentie pistolls[3] of french monie in another bagg there, and also the summe of one
hundred and fiftie pounds in silver in the said trunke towards his educac[i]on in some one of the

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universities of this kingdome or in travell beyond the Seas. Item I doe likewise give unto
my said grandsonne Edward Herbert all my plate nowe remayning in my house in Queene=
street, or elsewhere in the Citties of London and Westminster and that he permitt his said father
upon good caution and securitie given to my executors for the use of my said grandsonne to have
the use of the said plate during his life and the securitie to be for preserving the said plate
or makeing of it good to my said grandsonne and part of his posteritie as shall succeed him
in my Castle of Mountgomery. Item I doe give devise and bequeath unto my second sonne
Captaine Edward Herbert all that my Mannor farme and lordshipp of llyssen in the Countie
of Mountgomery for the terme of his naturall life onely; He paying during his life to twoe
maymed soldiers that have done something ^that is famous in the service of the kingdome or of any
Confederate thereof in the warrs the summe of ten pounds a peece yearlie by and after the decease
of my said sonne Captaine Edward Herbert then my will is and I doe devise my said Mannor
farme and lordshipp of llyssen unto my said grandsonne Edward Herbert and the heires
males of his bodie lawfully begotten, chargeable and charged nevertheless with the paiement of
the like summes of twentie pounds yearlie to two maymed souldiers who are to attend and waite
with halberts in theire right hands att the gate of my Castle at Mountgomery. Item I doe give
and bequeath the summe of two hundred and fiftie pounds sterling remayning in the hands of
Anthony Tyrens a Dutch merchant for which summe I have a noate of his hand testifying the
debt in a canvas bagg in my inmost studie and the summe of one hundred and twentie sterling nowe
remayning in the hands of Piere Fontene a french merchant for which there is likewise a noate of his
hand in the said Canvas bagg unto my said sonne Captaine Edward Herbert which said severall
summes I devise may be remployed in the purchasing of one Ann[u]itie or yearlie pension to continue
to my said sonne Captaine Edward Herbert for his life. Item my will is that the summe of twoe
hundred and thirtie pounds remayning in my inmost study, be disposed of to such person and persons
and att tymes as I shall by word or otherwise direct the same to be paied unto them or any of them
Item my will is that the summe of two hundred fortie and five pounds sterling nowe remayning
in the hands of my good friend Mr John Spencer of the Cittie of London draper be thus disposed,
that is to say, so much as the expences of my funerall will amount unto shalbe in the first place
deducted and that in the next place the charges of erecting my monument and tumbe in such manner
as before is sett forth be like wise deducted and defraied; and if after my funerall defraied and monu-
ment erected there be yet any part of the said summe of two hundred fortie and five pounds
remayning then my will is that the same be equally divided amongst my said grandchildren. And
if it happen that the said Mr John Spencer shall not paie in the said monie or [...] thereof
as shall be requisite for that purpose so spent as the same shalbe called for to defray my said
funerall charges; Then my will is that the same be defrayed out of my monies herein before by mee
bequeathed and given unto my grandsonne Edward Herbert, and that my said grandsonne have allowed
unto him so so much out of the same shalbe paied into my Executors. Item I give devise and bequeath all my
painted bookes in latine and greeke which are nowe in my house in Queen street & unto the [blank]
and fellowes of Jesus Colledge for the use of the Colledge and ay an inception of a library there As for
my manuscripts written papers and english bookes nowe remayning in my said house in Queenestreete
I doe hereby strictly charge my said grandsonne Edward Herbert to see the same carefully conveyed
to my Castle of Mountgomery to be there preserved with my bookes and other papers by my said
grandsonne Edward Herbert And whereas I have begun a manifost of my actions in theise late
troubles, but am prevented in the review thereof I doe hereby leave it to a person whom I shall by word
intreate to finish the same and to publish it to the world direcc[i]on and as having this expressed
charge layd upon him by mee for doeing it. Item I give and bequeath my Coach and foure Coach
horses and my white stone horse unto my said sonne Collonell Richard Herbert desirring him to make
much of the whitehorse. Item I leave my chest of vialles and all my lutes unto the lady Mary my
daughter in lawe. And whereas there is due unto mee neare the summe of two thousand pounds
from the honorable houses of parliament as an arreare of twentie pounds settled to be paid unto mee

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weekely. And whereas by my capitulac[i]on with Sir Thomas Middleton knight imployes by the
said honorable houses my losses and other damage which did amount ^unto twelve thousand pounds and
more were all to be made good unto mee I doe hereby totally remitt the same desiring the said
honorable houses that in lien thereof and for my sake that they will please to remitt unto my said
sonne Collonell Richard Herbert the summe of two thousand and five hundred pounds imposed upon
him as a fine for his delinquency by the Committee sitting at Goldsmiths hall. And I doe earnestly desire
my executors and intrusted friends hereafter named to present this my humble desire to the said
honorable houses of parliament in favour of my said sonne, whose great debts and numerous issue are
a burthen greater then my meake estate can well beare. And of this my last will and testament I make
constitute appoint and ordaine my dearely beloved grandsonne Edward Herbert and my verie loving friends
John Selden of the Inner Temple Esquire and Evan Thomas of Bishoppes Castle in the Countie of
Salop gent to be my executors in trust and for the sole use and benefitt of my said grandsonne Edward
Herbert. And doe appoint (that is) intreat my right noble friend my lord North and my good friend and kinsman Sr
Thomas Treavor knight one of the Barons of his Maiesties Court of Exchequer to be the overseers of this
my last will, and to theire care I perticulerly recommend my said grandsonne desiring them in what they can to be
favourable unto him, in what he may or shall have occasion to apply himselfe to them; In witness whereof
I having and by theise presentes revoking all former and other wills have hereunto putt my hand and seale
beinge three sheetes subscribed with my hand and sealed with my seale in everie sheete this first day of
August in the foure and twentieth yeare of the reigne of our soveraigne lord king Charles. And in
the yeare of our lord one thousand six hundred and fortie and eight, Herbert. Signed and published in
the presence of us Joane Browning; Art: Trevor?: Frid: Klim: Thomas Thomas; Richard Davis; Dorathy
Watson. Griffith Jones.

Sources

  1. PROB 11/205/405 Description: Will of The Honorable Edward Lord Herbert of Cherbury Date: 05 October 1648 Held by: The National Archives, Kew
  2. Approximate translation by Google Translate: What are you looking at, reader? Edward Baron Herbert of Cherbury and Castle Isle of Kerry, does not lie anywhere but with the better part of himself in the seat of the blessed he opens the gate of posterity, having thus left nothing but what he did not want to take away with him, farewell, reader, and strive for eternity
  3. Wikipedia contributors, "Pistole," Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?title=Pistole&oldid=1168691717 (accessed September 8, 2023).




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