Page:Dictionary of National Biography volume 04.djvu/345

 of summons was sent to Maurice in 1308 during the lifetime of his father, and thus a dignity was created independent of that which was derived from the writ of 1295. During the famous insurrection at Bristol Maurice had the satisfaction of being employed against his old enemies, and was made the keeper of the castle and of the town. Having married Margaret, daughter of Roger Mortimer of Wigmore, earl of March, and widow of the Earl of Oxford, he joined the confederacy of the barons against the Despensers, and took part with Hugh of Audley in ravaging their Welsh lands. The Mortimers, however, were forced to submit to the king in January 1322, and Maurice followed their example. He was imprisoned at Wallingford until his death in 1326 (. 33, 36, 40). Queen Isabella released his son (3) Thomas from prison, and gave back the Berkeley estates, for which he paid a relief, 'ut pro baronia' (Lords Comm.) The story told by Froissart (bk. i. c. 162) of the gallantry and capture, at the battle of Poitiers, of a young knight who announced himself as Thomas, lord of Berkeley, has usually been attributed to this lord. As, however, the chronicler states that this was the first time the young knight unfurled his banner, it is more likely that he was Maurice, the eldest son of Lord Thomas. In 23 Ed. III this lord levied a fine of his estates at Berkeley and other places, and in 26 Ed. III of the manor of Portbury, by which he settled them on his son Maurice and the heirs male of his body, with remainder to the heirs male of his own body by his second wife Catherine, with remainder to his right heirs. He died in 1361. From his youngest son John descended the Berkeleys of Beyerston Castle, a family of considerable wealth and importance during the fifteenth and sixteenth centuries, which fell into decay early in the seventeenth century.

From Sir Maurice (d. at Calais 1346–7), the second son of (2) Lord Maurice, came the Berkeleys of Stoke Gifford, Gloucestershire, of Bruton and of Pylle, Somerset (now represented by Edward Berkeley-Portman, Baron, 1837, and Viscount Portman, 1873), and of Boycourt, Kent. His son Maurice (d. 1385) married Catherine, daughter of John, Lord Bottetourt. From him came the three brothers. Sir Charles Berkeley (d. 1688), Sir William Berkeley, governor of Virginia [q. v.], and John, first Lord Berkeley of Stratton [q. v.] This title became extinct in 1773. Sir Charles second son Charles was created by Charles II baron Berkeley of Rathdown, and Viscount Fitzhardinge (Irish honours), and in 1664 Baron Bottetourt of Langport and Earl of Falmouth in England. The earldom became Extinct on his death, 3 June 1665. In 1763 Norborne Berkeley claimed a summons as Baron Bottetourt, he being a lineal descendant of Sir Maurice Berkeley and his wife Catherine. He received a summons in 1764. On his death in 1776 the Bottetourt title again fell into abeyance, until it was revived in 1803 in favour of Henry Somerset, fifth duke of Beaufort. Sir William Berkeley, brother of Charles, earl of Falmouth, who died in battle with the Dutch in June 1665, is noticed below.

Lord Thomas (5), grandson of the Lord Thomas who died m 1361, was one of the commissioners appointed by parliament to renounce sentence of deposition on Richard I (, ii. 2760; Traison et Mort, 219). He was a warden of the Welsh Marches, and did good service by sea against Owen Glendower and his French allies (, ii. 272). He married Margaret, daughter and heiress of Warine, lord l'Isle, and covenanted for himself and his heirs to bear the arms of l'Isle (, L'Isle Peerage), He died 1417, leaving his nephew James, son of his brother James, his heir male; but the heir of his body was his only daughter Elizabeth, married to Richard Beauchamp, earl of Warwick, by whom she had three daughters, of whom the eldest, Margaret, mamed John, earl of Shrewsbury. On the death of Lord Thomas the Earl and Countess of Warwick took possession of Berkeley Castle, and did not surrender it until (6) James was found the right heir on a writ of diem clausit supremum. The barony of Berkeley then passed to James, summoned to parliament 1421-61, while the Countess of Warwick took the lands of her mother and such lands of her father as were not settled in tail male. The countess died in 1423 and the earl in 1439. As this Lord James was summoned as seised of Berkeley while the Countess of Warwick was her father's heir, it appears that the tenure of Berkeley Castle did at that time constitute a right and confer a dignity. If, however, claim by tenure is set aside, the summons to Lord James must be regarded as the origin of the present barony, while the baronies created by writ of 25 Ea. I and 2 Ed. II are now in abeyance. Lord James (d. 1462) married Isabel, daughter and coheiress of Thomas Mowbray, duke of Norfolk. Among the minor troubles of the reign of Henry VI must be reckoned the strife between Lord James and his cousin, the Countess of Warwick, supported by her son, Lord l'Isle, in