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Herbert joined the army on 4 October 1745 as lieutenant-colonel. In the next year, he challenged [[Robert Rochfort, 1st Earl of Belvedere|Lord Belfield]] to a duel on account of a long-due debt of honour. The duel took place in the fields between [[Tottenham Court Road]] and [[Marylebone]] on Saturday 23 August 1746. Belfield was badly wounded, and Herbert received a ball in the eye which came out at the back of the skull, but nevertheless he survived.<ref name=GM>{{cite book |url = https://books.google.co.uk/books?id=Z3FIAAAAYAAJ&pg=PA439 |page=439 |title= The Gentleman's Magazine, and Historical Chronicle, Volume 16 |author= |publisher = E. Cave | date= 1746 |accessdate = 12 December 2018}}</ref> It was said subsequently that he sometimes did not know what he was doing.<ref name=HOP/>
Herbert was still returned by his brother as MP for Ludlow at the [[1747 British general election|1747 general election]]. and was classed as a government supporter. His brother had been seeking his appointment to an official post for ten years, and in 1752 applied on his behalf to [[Henry Pelham]] for the post of clerk comptroller of the
Herbert died unmarried on 17 May 1754.<ref name=HOP2/>
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