UK Parliamentary Archives

• Held At: Parliamentary Archives: GB-061
• Catalogue Reference: HL/PO/RO/1/128
• Accession Number: 2866
• Former Archival Reference: Historical Collection 384
• Ref No: HL/PO/RO/1/128
• Date: 6-8 Feb 1810
• Level: File
• Extent: 1 letter and covering sheets
• Creator Name: Berkeley; Sir; George Cranfield (1753-1818); Admiral
• Administrative or Biographical History: Sir George Cranfield Berkeley was the second surviving son of Augustus, 4th Earl of Berkeley. Following a long career in the navy, Berkeley was appointed vice-admiral in 1805 and admiral in July 1810. He retired in 1812, and was granted a knighthood in 1815. He was MP for Gloucestershire, 28 April 1783-8 April 1810. In 1784, he married Emily Charlotte, daughter of Lord George Lennox, and sister of the Duke of Richmond. Berkeley's brother, Frederick Augustus Berkeley (1745-1810) became the 5th Earl of Berkeley. He married his mistress, Mary Cole, in 1796 - that is ten years after the birth of their first son, William Fitzhardinge Berkeley (1786-1857), Viscount Dursley. In 1799, the Earl submitted a pedigree to the House of Lords Committee of Privileges which claimed that he had in fact been married in 1785. Viscount Dursley was elected MP for Gloucestershire on 18 May 1810, following Sir George Berkeley's vacation of the seat. On the death of the 5th Earl on 8 Aug 1810, Dursley himself vacated the seat to pursue his claim to be the 6th Earl of Berkeley. However, the House of Lords disallowed his claim because his parents' marriage before 1796 was not proved.
  
  John Charles Villiers (1757-1838) was 3rd Earl of Clarendon. Sir Thomas Masterman Hardy (1769-1839), vice-admiral, is famous for being present at the death of Horatio Nelson at the Battle of Trafalgar. In 1807 Hardy married Sir George Berkeley's first daughter, Anne Louisa Emily (1788-1877). Charles Rose Ellis (1771-1845) was 1st Baron Seaford. His second wife was Anne Louisa Emily, the widow of Sir Thomas Masterman Hardy. Sir George Berkeley's third daughter, Mary Caroline, married Henry Fitzroy, Duke of Grafton.
• Acquisition: Purchased from John Titford, Manuscripts Dealer, May 1994. Accession number 2866.
• Description: Declaration made by George Berkeley regarding his nephew Viscount Dursley. Berkeley states that he had recommended Dursley as his replacement as MP for Gloucestershire. However, he claims that this does not mean that he recognises Dursley as the legitimate heir of the Earl of Berkeley. The declaration was signed and sealed by George Berkeley in Lisbon before witnesses on 6 Feb 1810. The witnesses were J C Villiers, His Majesty's Minister Plenipotentiary at Lisbon [John Charles Villiers (1757-1838)] and T M Hardy, Captain of the "Barfleur" [Sir Thomas Masterman Hardy (1769-1839)]. It was again signed and sealed, this time before John Jeffery, Consul General, on 8 Feb 1810. The declaration is contained in an envelope with the words, "This Paper not to be opened until after my decease. G Berkeley." This itself is contained within a folded sheet with a seal. A note on this sheet, written by George Berkeley on 8 Feb 1808, states that the paper is not to be opened "unless any litigation should arise between my brother's children or mine, for the succession of Title or Estate." These documents are enclosed in a series of further sheets, which give details of ownership and dates when the declaration was opened.
• Terms:
  • Politicians,
• Language: English
• Related Material: Other peerage claims can be found at HL/PO/DC/CP, particularly HL/PO/DC/CP/3/17 and HL/PO/DC/CP/4/26
• Related Record:
  • HL/PO/DC/CP/3/17,
  • HL/PO/DC/CP/4/26,
• Access Status: Open
• Publication Notes: For more information regarding the legitimacy case see "The Complete Peerage", eds. V Gibbs et al (London, 1910-1998, 14 vols), 1912 edition, ii, pp 139-149 and "The History of Parliament: The House of Commons 1790-1820" (London, 1986) ed. RG Thorne, iii: Members A-F, pp 193-194.

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