Page:The Complete Peerage Ed 1 Vol 1.djvu/351

 BERKELEY. 329 thus m. at 8, yet had he no issue by her till about 12 or 13 years after." He d. at Berkeley Castle " never thoroughly cured of the wounds bee received at I'oytiers " S June 1363 afsd. aged 37 aud upwards, and was bur. with his mother at St Augustine's, Bristol. Inq. post mortem 42 Ed. III. His widow d. 33 July 1339, auil was bur. at St. Botolph's, London. IV ami V. 13G8, 4 and 5, or 10. Thomas (de Berkeley) Lord to de Berkeley, & and h., who "may bee called Thomas 1417. the Majniicenl," He was 4. at Berkeley Castle, 5 Jan. (1352/3) 26 Ed. Ill, and after having been a ward to his father-in-law, Lord L'Isle, made proof of having attained full age on 5 Jan. 1373 '4. He was sura, to Pad. from 16 July (1331) 5 Kic. to 3 Sep. (1415), g Hen. V. From 137S to 13S5 he served in the wars in France, Spain, Britanny, aud Scotland, and in 1380 entertained the King at Berkeley Castle, for the deposition of whom, however, he was 30 Sep. 1390, one of the Commissioners. P.C. to Ric. II and Hen. IV. Joint Warden of the Welsh marches 1404, aud one of the Regent3 of the Kingdom, April 1415. He m. at an early age, Nov. 1367 at Wengrave, Bucks, Margaret, only da. and eventually sole h. of Warine (de L'Ism:), Lord 1>b L'Isle by Margaret, da. aud coheir of Sir William PlPARD. She being then aged but 7, they remained 4 years apart. At her Father's death, 28 June 1381, she inherited considerable estates, and, in her right, her husband appears to have styled himself LORD DE LISLE.( b ) She d. 20 March 1391/2, and was bur. at Wotton-under- Edge. He d. s.p.m. 13 July 1417, in his 65th year, and was bur. there. M.I.(°) I. 1421 ' 1 or 11. James de Berkeley nephmv and h. mak^ 4 ) being s. and h. of Sir James de B. by Elizabeth, da. aud h. of Sir John BLUET of Raglan, CO, Monmouth, &c, which Sir James, being next br. to Thomas (*) "There are writs in the 1st, 2nd, 3rd, and 4th [Kic. II] directed to Maurice de Berkeley, which were no doubt intended for Thomas, he having come of age about the 49th Edw. III."— See " Courthope." (!*) Their da. Elizabeth, Countess of Warwick is styled on her monument at Kingswood " lilia et lucres Thomas, nuper D'ui de Berkeley et dc Lisle; quod quidera dominium de Lisle idem Thomas tenet [tenuit .'] per legem Angliie, post mortem Margaretic, nuper uxoris sine matris predicts Elizabeth.-!!." ( c ) " Elizabeth, his sole d. and h., aged 30 in 1416, m. Richard (F.eauchamp), 12lh Earl of Warwick, by whom she had three daughters aud coheirs, viz, Margaret, wife of John (Talbot) I'.arl of Shrewsbury; Eleanor, who hi. (1) Thomas, Lord Roos, (2) Edmund. Duke of Somerset, and (3) Walter Llakesley, Esq. ; and Elizabeth, wife of (Jeorge (Neville) Lord Latimer. According to the usual descent of Baronies in fee the dignity or. by the Writ of Summons of (1295) Edw. I, and that of (1308) 2 Edw. II, should have devolved on the said Elizabeth, da. and h. of Thomas, Lord Berkeley, and not upon his [collateral] heir male; but whether this anomaly arose from an idea then prevailing, that the tenure of the Castle of Berkeley conferred the Barony, or [whether] the heir male had the greatest political influence, cannot now perhaps be ascertained : the inference which may be drawn from the relative situations of the husband of the said Elizabeth, who was one of the most powerful noblemen of the time, and that of James Berkeley who sue. to the Barony, is, that the tenure of Berkeley Castle was then considered to confer the dignity of Baron on its possessor, and consequently that the said James was allowed that dignity as his ri'jlu. rather than by the favour of the Crown. There were, however, other iustauces, as in Burghersh and De la War, of the heir male of a Baron by Writ being sum. instead of the heir general, and if modern decisions may be applied to the subject, the Baronies of Berkeley, created by the Writs of Summons of the 23 Edw. I and 2 Edw. II, are now in ABEYANCE between the descendants and representatives of the three daughters and coheirs of Elizabeth Countess of Warwick, above mentioned, whose names will be found in a Note to the account of the Barony of L'Isi.E ; and the Barony possessed by the Earls Berkeley [1658-1883] is that or. by the Writ of Summons to James de Berkeley [1421] 9 Hen. V." See " Nicolas," slightly emended in " Courthope." C) It was probably as h. nf entail that he was indebted to his writ. Compare the succession of the liarony of Delawarr, in 7 Hen. VI, aud that of Latimer in 10 Hen. VI. Bx inform. J. H. Round.