On 12 October 1642 he was disabled from sitting in parliament, on account of having executed the Commission of Array in Shropshire and of joining the king at Oxford.
[3] In July 1643, Colonel Richard Herbert, in command of his regiment, was with Prince Rupert of the Rhine at the capture of Bristol.
The older Herbert returned to London, submitted to parliament, and received a pension of £20 a week, while the Castle was subsequently slighted.
[5] Herbert was Governor of Aberystwyth in 1644 and of Newport in 1645, but he took the Negative Oath and on 6 March 1647 "petitioned to compound", with the result that he was fined £1,000 as the price of making his peace with parliament.
His daughter, Florence, married a cousin, Richard Herbert (died 1676), of Oakly Park, Shropshire.