Fourth, Lady Lucy Elizabeth, born March 1st, 1799.
Fifth, Henry James, born March 9th, 1800.

Sixth, Mary Margaret, born March 23d, 1801.

Titles. Edward Smith Stanley Earl of Derby, Lord Stanley, and Baronet.

Creations. Earl of Derby, October 27th, 1485, 1 Hen. VII. and Baronet, June 26th, 1627, 3 Car. I.

Arms. Argent, on a bend Azure, three bucks heads, cabossed, Or.

Crest. On a chapeau gules, turned up ermine, an eagle with wings expanded, Or, preying upon an infant in its cradle, proper. Supporters. On the dexter side, a griphon, on the sinister, a buck, both Or, ducally collared and chained, Azure.

Motto. Sans changer.

Chief Seats. At Knowesley and Bickerstaff, both in the county of Lancaster.

I

THINK it the safer way to begin the history of this family with the words of Dugdale; and throw the more doubtful part of its earlier pedigree, as it has been given by Collins, into a note.

"The first of this family," says Dugdale, " that had the title of Earl, was William Herbert, Lord of Ragland, in Monmouthshire, (which William enjoyed that Lordship from Maud, his grandmother, daughter and heir to Sir John Morley, Knight, the hereditary owner thereof.) As to his parentage, it is by some derived from Henry, the son of Herbert, chamberlain to King Henry I. but by others from Henry Fitzroy, one of the natural sons of that King," a

b

a The British genealogists, and a pedigree drawn by Thomas Jones of Tregaron, ann. 1582, deduce this family from Herbert, a natural son of King Henry I. but I think it more evident, that Henry Fitz-Herbert, chamberlain to the said King, was ancestor to all of the name of Herbert; it being certain from our records, that Henry Fitz-Herbert married Julian, concubine to King Henry I. and daughter of Sir Robert Corbet of Alencester (now called Al-' cester) in Warwickshire; c whereby he became possessed of the lordship of Alcester, bestowed on the said Sir Robert Corbet by that King. His son HERBERT Fitz-Herbert was also lord chamberlain to King Stephen in the fifth year of his reign, when he gave cccliii 1. for livery of his father's lands: and having married to his first wife Lucy, third daughter to Milo Earl of Hereford, had with her the forest of Dean in Gloucestershire, and other possessions; but for some transgressions he is said to surrender the forest of

b Descent of Nobility, MS. Not. B 20, in Bibl. Joh. Anstis, Arm. Dugdale's Warwickshire. p. 568, 569, and Vincent's Discovery of Brooke's Errors, p. 130

Rot. Pip. 5 Steph. Hants e Mon. Ang. vol. ii. 66, b. n. 40.

Ibid. vol. i. p. 556, n. 50.

Sir WILLIAM ap Thomas, resided at Ragland castle in Monmouthshire, in the reign of King Henry V. who knighted

Dean to Henry II. Nevertheless he obtained from that King a confirmation" of all the lands which his father held; as also of his office of chamberlain. In 12 Hen. II. on the assessment of that aid then levied for marrying the King's daughter, he certified, that he held one knight's fee in com. Wilts, and three in com. Berks. In 6 Ric. I. he was sheriff of Gloucestershire, for one half of that year; and afterwards during the whole reign of that King. Also in 8 Ric. I. for Shropshire.

m

With the consent of Lucy his wife, and Reginald his son, he bestowed■ on the monks of Waverley (in com Surry) all his lands at Boviete; Peter and Matthew, two other of his sons, being witnesses to that grant. Herbert had a second wife Maud, by whom he had Matthew, father of Peter, who died without issue.

t

Of Reginald, his son, I find no farther mention. Matthew, the youngest son, is said to have been ancestor of Vincent Fitz-Herbert, of Netherfield in Sussex, the founder of the noble family of the Finches, Peter succeeding in the inheritance. Which PETER in 6 Joh. 9 had seisin of the moiety of the lordship of Alcester in Warwickshire, the record thus expressing it, viz. " Medietatis Manerii de Alencester, quam Pater suus tenuit." The year before, he had in marriage Alice the daughter of Robert Fitz-Roger, a great Baron in com Northumb. and was so obsequious to King John, at the time of his difference with his Barons, that in the fourteenth year of his reign he was, reputed one of his evil counsellors; and in 15 Joh. made governor of Pickering castle in com. Ebor. being also the same year joined among those Barons who made oath, and undertook that the King should be obedient to the Pope in all matters for which he stood excommunicated, and no ways disquiet Stephen Langton, Archbishop of Canterbury, and other prelates, clergy, and laity, who had opposed him; or hinder the said archbishop or bishops in doing their office; with divers other articles, which they likewise undertook to be observed. And the said Peter Fitz-Herbert was also one of those twelve Barons, who, being parties to the said treaty, gave notice of it to the archbishop of Canterbury, the bishops of London, Ely, Hereford, Bath, and Lincoln, and to the prior and monks of Canterbury. Likewise on October 3d that year, 1213, when the King, at St. Paul's, London, by deed then dated and sealed with a golden seal, resigned to God and his holy Apostles St. Peter and St. Paul, to his holy mother the church of Rome, to his Lord Pope Innocent III. and his Catholic successors, the kingdoms of England and Ireland,

Cart. Antiq. R. 1, n. 33.

Lib rub. in Scaccario, tit. Wilts and Berks

Rot. Pip. de iisd. ann. Glouc

* Ibid.

1 Rot. Pip. 8 R I. Salop. m Ex Autog. penes T. Herbert, Bart.

"Ibid. ▸ See however Gent. Mag. vol. lvii. p. 648.

. Ibid.

Claus. 6 Joh. m. 20.

Pot. Pip. 5 Joh tit. Bristow.

him for his valour in the wars of France. He had to wife Gladys, daughter of Sir David Gam, and widow of Sir Roger Vaughan; by whom he had issue three sons and a daughter.

with whatsoever belonged to them, for pardon of all his sins, and those of his kindred, as well living as dead: to hold the same as in fee of the church of Rome, promising to pay for such tenure yearly 1000 marks, viz. 700 marks for England, and 300 for Ireland, besides the Peter-pence; having already paid by fine to the church of Rome, by the Legate, 1000 marks sterling. And thereunto this Peter Fitz-Herbert, and Matthew Fitz-Herbert, were among the Barons who, with the archbishop of Canterbury, and others of the bishops, were witnesses and parties.

He was likewise one of those great Barons whom the Pope by his bull, dated 11 Kal. November, 1215, earnestly desired to preserve and keep the peace between King John and the church. And in 16 Joh. was joined in commission with the archbishop of Canterbury, William Earl Warren, and others, to take into safe conduct all those persons who should come to London in the term of the Epiphany next after the relaxation of the interdict, to petition the King for pardon of their transgressions; as also all such as should repair to the King at Northampton, on the like occasion.

He was sheriff of Yorkshire the same year, as also in 17 Joh. when he obtained from the King the honour of Barnestaple in com Devon, with fifteen knights fees, part of the possessions of William de Braos, Baron of Brecknock, whose third daughter and co-heir Isabel this Peter Fitz-Herbert married, she being his second wife, and had with her Blayntheleveny (or Blenlevenny) and Talegard.

But soon after he fell off from the King, growing e exasperated by reason of that large scutage exacted by King John, for the maintenance of his army in Poictou; on which account his lands in Alencester in Warwickshire were seized, and committed to the custody of William de Camvil, in 18 Joh. And in 1 Hen. III. Oliver Fitz-Reginald (one of the illegitimate sons of King John) whom King Henry calls his brother, obtained all other the lands of this Peter, for his support in his service. But, before the end of that year, returning to obedience, he had restitution of the castle of Blenlevenny, as also of all his lands belonging to the honour of Brecknock, whereof he had been thus dispossessed by reason of the war, as the record expresseth, command being given to Reginald de Braos to yield them up to him. He was also restored to his lands in Alcester; for King Henry III. requiring the arrears of that scutage, in the fifth of his reign, this Peter was questioned for six marks due thereon, in Alcester; but had his discharge for the same, in regard he produced testimony that he had maintained soldiers at his own costs in the said army at that time: in which year he had also the King's letters mandatory

First, William Herbert, who was created Earl of Pembroke. Second, Sir Richard Herbert, of Colbrook, Knight, ancestor to the Lords Herbert of Cherbury, and the late Earls of Powis.

с

to his tenants, requiring their contributions to him, according to the rate of ten shillings for every knight's fee, towards the defraying of that charge he was at, in attendance on the King at the siege of Bitham castle, in com. Linc.

In 12 Hen. III. he obtained a charter of free warren for the fox, hare, and goat, in his lordships of Wulfretone, Akele, and Hantome; as also throughout all his lands in the hundred of Cleve; and licence to erect a gate on the causeway at Lechlade bridge, in com. Gloucester, before the hospital there founded by him. In 13 Hen. III. he had letters P of protection for a journey beyond sea; wherein he was also to attend the King. As to his works of piety, he confirmed to the monks of Alcester whatsoever lands they were possessed of in Alcester, granting unto them freedom of pannage for their hogs in his woods there, with timber out of the same woods for their necessary occasions, and common of pasture for their cattle. He departed this life in 19 Hen III. Isabel his wife surviving, who, doing her fealty, had livery of the lands of her inheritance, and in particular of that manor of t Lechlade, in com. Glouc.

HERBERT, his son and heir, called Herbertus fil. Petri, doing his homage," had the same year livery of his lands. In 26 Hen. III. he had summons to fit himself with horse and arms, and to attend the King into France. And in 28 Hen. III. in consideration of ico/ due to the King for his relief, obtained leave to pay it in the space of four years, by the hands of Robert de Mucegros. This Herbert granted to the monks of Brecknock liberty of fishing in his mere with a boat, for the space of three days every week; and every day during the time of Lent and Advent. He likewise bestowed on them all his lands of Pentenavell and St Paulin's; and five marks yearly rent for the tithes of his castle at Blenlevenny. He died in 32 Hen. III. leaving REGINALD, his brother, « his heir; who doing his homage, had livery of his lands, lying in the counties of Southampton, Wilts, Gloucester, Berks, Salop, Hereford, Essex, Norfolk, Ebor. and Wales. But the King thereupon disposed of his honours of Blenlenney and Bulkedynas, to Walerand Teys

This Reginald was succeeded by JOHN, his son and heir; and had also another son Peter, who, according to Glover, Somerset herald, and Sir Wil

See Isaac Walton's Life of George Herbert, the poet; and Lord Her

bert's Life of himself, published at Strawberry-hill.