Page:Dictionary of National Biography volume 04.djvu/370

 . When his younger brother [q. v.] published in 1865 some brutal reflections on his mother's character, Lord Fitzhardinge and his other brothers joined in drawing up a deservedly severe pamphlet, entitled 'Reply to some Passages in a Book entitled "My Life and Recollections, by the Hon. Grantley F. Berkeley."' Lord Fitzhardinge was twice married: first in 1828 to Lady Charlotte Lennox, daughter of the fourth duke of Richmond; second in 1834 to Lady Charlotte Moreton, daughter of the first earl of Ducie. He was nominated a privy councillor in 1855, was made a K.C.B. 5 July 1855, and G.C.B. 28 June 1861. He died 17 Oct. 1867.

 BERKELEY, ROBERT (d. 1219), the eldest of the six sons of Maurice Berkeley, on his father's death in 1190 paid to the king a fine of 1,000l. for livery of his inheritance, and to King John in 1199 a further sixty marks for confirmation of his title and a charter of fairs in his manor of Berkeley. In 1208 he was a justiciar at Derby. He took a leading part in the struggle between John and the barons, and, being included in the excommunication of the barons pronounced by Innocent III, Berkeley Castle and the lands were seized. In 1216, however, shortly before John died, he visited the king, then at Berkeley Castle, under a safe-conduct, and made his submission. The manor of Came in Gloucestershire was then granted him for the support of his wife Juliana, niece of the Earl of Pembroke. In 1216, on Henry's accession, he was restored to his lands on payment of a fine of 966l. 13s. 4d., with the exception of the castle and lands of Berkeley. He died in 1219, still dispossessed of them, and was buried in a monk's cowl in the north aisle of St. Augustine's Abbey, Bristol, of which, along with Burdenstoke in Wiltshire, Stanley Priory in Gloucestershire, and the canons of Hereford, he was a benefactor. He founded St. Catherine's Hospital, Bedminster, near Bristol, as an Austin priory for a warden and poor brethren (, Collect. i. 85), and two chantries elsewhere. After the death of his first wife Juliana he married Lucia (whose family is not known), afterwards wife to Hugh de Gurney. He left no issue by either wife, and was succeeded by his brother Thomas, to whom Berkeley Castle was restored.  BERKELEY, ROBERT (1584–1656) justice of the king's bench in the reign of Charles I, was descended by a succession of younger sons from a family, of whom two members, Maurice and Robert, had held the office of judge. He was the second son of Rowland Berkeley, a wealthy clothier of Worcester, by Catherine Haywood (pedigree in 's Collections for Worcestershire, ii. 358), and was born at Worcester 26 July 1584. He entered the Middle Temple in 1600, and was called to the bar 6 May 1608. Through the death of his father in 1611 he became possessor of the estate of Spetchley, Worcestershire; that of Cotheridge, which his father's success in business had also enabled him to purchase, Wing been previously given to the elder brother. In 1613 he was elected high sheriff of his native county. In the beginning of 1627 he was called to the degree of the coif, in the April following was made a king's serjeant, and in October 1632 was created a justice of the court of King's Bench. To the question which the king addressed to the twelve judges in 1635, regarding his prerogative in the imposition of ship-money, he strongly supported an affirmative answer. At the great ship-money trial of 1637 he not only consistently adhered to this opinion by giving judgment against Hampden, but supported his decision by an argument which went much further in the direction of absolutism than the original proposition; for denying that 'lex is rex' he asserted that 'rex is lex, lex loquens, a living, a speaking. an acting law' (State Trials, iii. 1098). In December 1640 Berkeley and other five judges were bound in 10,000l. apiece to answer the charges which the commons were preparing against them, and on 13 Feb. following he was singled out for impeachment by the commons in the lords' house. By their command the usher of the black rod 'came to the King's Bench, when the judges were sitting, took Judge Berkeley from off the bench, and carried him away to prison, which struck a great terror in the rest of his brethren then sitting in Westminster Hall' (, Memorials, p. 40). The general charge against him was that of 'endeavouring to subvert the fundamental laws, and introduce an arbitrary and tyrannical government against law' (Articles of Acusation exhibited by the Commons House of Parliament now assembled against Sir John Bramston, Knight, Sir Robert Berkley, Knight, &c., published 1641, and also in, ii. 606-14). On 20 Oct. 1641 he appeared at the bar of the House of Lords, and pleaded not guilty, whereupon the trial was fixed for 2 Nov. The difficulty of the commons in obtaining witnesses caused,