Philip Herbert, the Earl of Pembroke

Herbert, the 7^th Earl of Pembroke varies from some of the other historical criminals we’ve featured here – unlike the others, he was a nobleman and politician who held two earldoms, was a convicted murderer and caused the Popish Plot.

Herbert was born in January in the early 1650s and was brought up at Wilton House in Wiltshire. As a child, he was created a Knight of the Bath on the coronation of Charles II and was descended from both the Earls of Pembroke and the Earls of Cumberland.

His grandfather, the 4^th Earl of Pembroke had been a favourite of Charles I and was known to have been mentally unstable, often descending into violent rages. It is believed that Philip Herbert inherited his instability from his grandfather.

Life as a peer

At the age of 22 in 1874, Herbert succeeded his elder half brother as the Earl of Pembroke and Earl of Montgomery. That same year, he married the sister of Charles II’s mistress and the pair had their only child, the Lady Charlotte, who in turn went on to marry both a baron and a viscount.

During his career, Herbert served as the keeper of the Roles of Pembroke and Glamorgan and as Keeper of the Roles and Lord Lieutenant of Wiltshire until his death.

Life as a criminal

From early on in his life, Herbert was known to have fits of violence, which many believe was a mental health condition inherited from his grandfather, who was also known to be unpredictable and violent. Herbert was known to have assaulted several fellow peers, many of which could have caused their deaths.

His behaviour was so bad that Charles II, who was known to enjoy some debauchery, committed him to the Tower of London. Herbert submitted a petition to the House of Lords and was eventually released two days later. However, less than a week after gaining his freedom, he was accused of assault and was ordered to pay a large fine.

By the time the complaint had been brought to the attention of the House of Lords, he had already killed Nathaniel Cony, who he had engaged in a brawl in a tavern and reportedly kicked to death for no apparent reason. He was tried by his peers and found guilty of manslaughter rather than murder, but successfully pleaded Privilege of the Peerage, which gives you the right to escape punishment for your first offence. He was released, only being made to pay court fees and was warned that such a plea will not be accepted again. Shortly after his release, he was known to have savagely assaulted Charles Sackville, the Earl of Dorset and a distant relative of his.

The murder of Sir Edmund Godfrey

Sir Edmund Godfrey was the foreman of the grand jury that had indicted Herbert for the murder of Nathaniel Cony. On 178^th October 1678, he was found in a ditch on Primrose Hill, London, impaled with his own sword and with evidence that he had also been strangled.

The death caused an anti Catholic uproar, resulting in the Popish Plot. The Popish Plot is generally considered to be a conspiracy invented by Titus Oates, who claimed that there was a Catholic plot to kill Charles II. This led to the trials and executions of around 22 people. Oates was eventually arrested and convicted for perjury when it was discovered that he had fabricated the conspiracy.

Godfrey was a strong supporter of Protestantism and his murder caused widespread concern among the Protestants in the country.  Oates seized the murder and the fact that it was never conclusively solved as proof of his conspiracy. To this day, no one is certain who killed Godfrey, three men were tried, convicted and executed for the crime, but it quickly became clear that they had no involvement. Several historians have since claimed that Herbert had the strongest motive for killing Godfrey and he is the most likely suspect.

In 1680, not content with killing one man already, assaulting several others and being suspected of killing Godfrey, Herbert murdered another man, William Smeeth after a day of drinking in Turnham Green. Herbert was once again indicted for murder and fled the country, however his fellow peers petitioned the King and he received a royal pardon. He eventually died aged 30 and is buried at Salisbury Cathedral.

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