BERKELEY. 337 did lie take any steps to establish his right to tlio Peerage, or oven assume it. He niatrie. <" « C*>«w»»«". at Oxford LCuyfMMl 15 Julfo 181 I. Ih> num. 'ijf ^u* 1S82 in his 87th year at Craiiford, Midx.,,'; nu I was there W. On his death, the heirs yed.uf .James tie Berkeh y, sum. by writ iu Lord de Eerkeley in 1 IJI, (which the Earls iif Berkeley had hitherto been) were no longer the same us the heirs mate ; the Barony fill fee ■) devolving (apparently) on the former, while THE HAlII.l >UM OK BERKELEY (in tail mule) devolved (apparently) as under. Earldom. 7. GhsORGE Lennox Fitz-IIaiidinge Berkeley, apparently ilc jure EiSfc at Bkhkei.ev and YiscorsT Duiislev,
1 1. 1882. eoii.-in and h. male, being 3rd and yst. but only surv. s. and h. of
(.feu. Sir George Henry Frederick Berkeley, K.C.B., by Lucy da. and coheir u£ Sir Thomas Sutton, H u t., which Sir George was 1st s. and h. of Admiral the Hon. Sir George Crantield lierkeley, G.C.B., next br. to Frederick Augustus, 5th Karl of lierkeley. He was b. 2;> Feb. 1827, and was sometime au officer in the army. Having never applied for his writ of summons to the House of Lords;' 1 ) there is no moans of testing his right to the Peerage. He in. 22 Feb. 1800, C'eeile, the divorced wife of Admiral the Hon. Sir Fleetwood Broughton licynolds Pku.ew, 2nd da. and coheir of Edward DmwiuONn, CoMTE (Edquaiid) W Mkuout in France by Maria Kasmvtu, his wife. [Kaxkai. Thomas Mowbray IIhrkeley, stifled Viscouxt Dcbslby only s. and h. Appointed Midshipman, R.N., 1881.] Tie- riglit to any liAKOXV OF BBEKELIT w. by writ of 1421 appears on the death of the 6th Karl of lierkeley (who was both h. gen. and h. male of the Baron so sum.) to have devolved as under. Barony by /.', J J] Louisa Makv, thjyro (apparcntl}-) IIaroxess writ. DK Hi:i!KKUiY,( l ) niece and h. gen. of Thomas (apparently de jure) XV for XI ] Earl of Berkeley, Viseountl)ursley,audLorddeI!erkeley aboveiiauied ^ ' [who,/. 188'J] being da. and solo h. of the Hon. Craven Fitz Hardiuge 18S2. lierkeley, bjf his 1st wife Augusta, widow of George Henry Talikit, formerly Augusta JoSES, spinster, illcgit. da. of Sir (•) The Hon. George Charles O'nintki/ Fitzllardingc Berkeley his next br. and h. presumptive | II. P. for West Gloucestershire 1832-47, and well known for his sporting, political and literary career) d. 20 Feb. 1SS], aged 81, s.p.s., having survived his two sons, of whom one had attained the age of 40 and the other that of 51. ('>) It is believed that he is in remainder to the vast Berkeley estates under the will of the 5th Earl (who [/. in 1810) failing the issue male of the sons (whether legitimate or otherwise) of the said Earl. This event would take place ii the present Lord Fitz Hardinge and his br. (aged tiO and 50 respectively, each being without issue in 1880) were to d. s.p. — See ante p. 33ti, note "d." ( c ) The Barony is certainly not one by patent and unless it is one by tenure (which claim has been disallowed) must, apparently, of necessity, be (the only remaining kind of Bar- ony) a Barony by writ, and, as such, must, one would imagine, be guided by the ordinary rules of ISaronicsby writ, and accordingly devolve on the heir i/ch. It has, however, been •suggested that such devolution would be " a mis-application of a general rule to a Banmy which has its own special history," and that the Barony of Berkeley should devolve in toil nude ; the writer alleging, in support of such a view, that " Lords Cranworth ■md Redesdalc ill giving their judgments on this case, in 1801, declared their opinions in favour of the nude descent ui' the Barony by Writ." But, surely, (pes- cosiro) if ever there was a case, where male descent to a Barony by writ should have been allowed, it is that of Dacre of Gillesland, where the King's warrant (13 Edward IV.) declared tlut " the he'trt mde of the body " of the late Lord Dacre should be styled Lords Dacre of Gillesland ; yet even this Royal declaration was of no avail in determining the descent of the Bar.ouy, and, in the teeth thereof, it was held (after the death of
