[2] However, when James II of England required him to promise that he would vote for the repeal of the Test Act, which prevented Roman Catholics from holding public office, his answer was "that his honour and conscience would not permit him to give any such pledge".

To this reproach (which came from a bad grace from the lover of Catherine Sedley) Herbert replied: "I have my faults, sir; but I could name people who talk much more about conscience than I am in the habit of doing, and yet lead lives as loose as mine.

[2] Herbert was actively involved in the preparations for the 1688 invasion and for propaganda purposes the Prince appointed him as the lieutenant-admiral general of the Dutch States Navy and commander-in-chief of the fleet which would take him to England on 6 October.

However, the Prince decreed that until the moment of rendezvous with the English fleet, Herbert would share command with Lieutenant-Admiral Cornelis Evertsen the Youngest and consult with him on all significant matters.

[7] He was raised to the peerage by the new King William III as Earl of Torrington and Baron Herbert of Torbay in May 1689,[8] following on his command of the English squadron at the Battle of Bantry Bay.

He proposed avoiding a set battle, except under very favourable conditions, until the arrival of reinforcements: by maintaining his fleet in being, he would force the French to remain in the area and prevent them from undertaking other operations.