Page:Dictionary of National Biography volume 04.djvu/346

 the course of which the Earl of Shrewsbury seized Isabel, Lord James's wife, at Gloucester, and kept her in prison until her death. The sole heir of the Countess Margaret in 1829 appears to have been Sir Thomas Shelley Sidney. From Thomas, youngest son of Lord James, was descended Chief-Baron Sir Robert Berkeley, d. 1666 [q. v.], of Spetchley, from whom in the male line is descended Robert Berkeley, Esq., of Spetchley (b. 1823). William (7), the eldest son of James, summoned as baron 1467, was created viscount by Edward IV by patent 12 April 1481, Earl of Nottingham by Richard III 28 June 1483, Earl Alarshal 1485, and Marquis of Berkeley 1488, with remainder to the heirs of his body. In order to spite his brother (8) Maurice, who was his heir presumptive, he suffered a recovery of the castle and lands of Berkeley, and so gained the fee simple, convening the same to be held to his own use in tail general, with remainder to the king (Henry VII) in tail male, with remainder to his own heirs. Accordingly, on his death without issue, the castle passed for a while from the house of Berkeley, and his brother Maurice, not being seised of it, received no summons to parliament, and was described as a commoner (Lords' Comm. No. 31, 32). It has, however, been proved that his son (9) Maurice received a summons (14 Hen. VIII); for a letter is extant addressed to him while governor of Calais by Lord Chief-Baron John FitzJames and others, and dated 6 May 1523, in which the writers advise him to obey the summons, though he had not the rome in the parlement chamber that the lordds of Berkeley have hadde of olde time.' By which it appears that this writ of 14 Hen. VIII created a new barony, the old barony by tenure (claimed in 1829) being suspended while the Berkeleys were disseised of the castle. On the other hand, (10) Lord Thomas, son of this Maurice, though disseised of the castle, took his seat in the precedence of the barony of 1295, L'Isle Peerage). Although the Berkeleys lost the lordship of the castle by the settlement made by the Marquis "William, they appear to have enjoyed the building as constables of the king until, on the death of Edward VI, the castle reverted to (12) Henry, the grandson of (10) Thomas, special livery being made of the estates in 1 Philip and Mary, he being a minor. It is to be noted that this lord, though seised of the castle, yet had a lower place in parliament than his grandfather, being below the Lords Abergavenny, Audley, and Strange, who would not have been entitled to sit above him had it been held that his barony had been conferred by writ of 23 Ed. I. This lord was a mighty hunter. Queen Elizabeth visited Berkeley in 1663, when, as it happened, Lord Henry was absent from the castle. As was often the case, the royal visit caused great havoc in the deer park. In great wrath Lord Henry had the land disparked. When the queen heard it, she sent to bid him beware of his words and actions; for the Earl of Leicester greatly desired the castle for himself. Lord Henry died in 1613. His first wife was Catherine, daughter of Henry Howard, earl of Surrey. He was succeeded by his grandson, (13) George [q. v.], who died 1668. The next lord, (14) also named George, who died 1698 [q. v.], petitioned in May 1661 for a higher place in the House of Lords than that assigned to him, claiming precedence of the Lords la Warr, Abergavenny, and Audley, on the ground that the seisin of the castle of Berkeley conferred a barony precedent to the writ of 1295, and alleging that (9) Maurice, not being seised of the castle, received a summons only as a puisne baron. The claim remained undecided as late as 1673, at which date it disappears. Lord Berkeley was created Viscount Dursley and Earl of Berkeley by patent 11 Sept. 1679. His fifth daughter, the Lady Henrietta, was notorious for her elopement with her brother-in-law, Ford, Lord Grey of Werke (Trial of Ford, Lord Grey of Werke; A New Vision of Lady G—'s, 1682;, Diary, i. 229, 234, 239; , i. 530). She died unmarried in 1710. Charles (15), second earl, was in July 1689 called to the House of Lords as Baron Berkeley of Berkeley, his father being then alive. From that year till 1695 he was envoy extraordinary and plenipotentiary to the States of Holland. He died in 1710, and was succeeded by his second son, (16) James, third earl [q. v.], who married Lady Louisa Lennox, and died in 1736. His only son was (17) Augustus, fourth earl, who was a general in the army, held a command against the rebels in 1745, and died 9 Jan. 1755. The second surviving son of this earl was George Cranfield Berkeley, the admiral [q. v.] The fifth earl, (18) Frederick Augustus, was a minor at his father's death, and took his seat 8 June 1766. He married Mary, daughter of William Cole, at Lambeth, 16 May 1796, a previous marriage having, it was alleged, been celebrated between them at Berkeley by the vicar of the parish 30 March 1785. This alleged ceremony was, however, kept secret until after the Lambeth marriage, the lady being known between the two dates as Miss Tudor. By this lady Earl Berkeley had his eldest son, William Fitzhardinge, born 1786, his second son, Maurice Frederick Fitzhardinge,