The Sun.
London, England, 1829-10-02 00:00:00

BERKELEY BARONY, BY TENURE.

It is pretty generally known that George Fitz-
hardinge Berkeley, Esq., better known by the
appellation of Colonel Berkeley, some time since
caused a petition to be presented to his Majesty,
in winch he claimed the dignity of Baron de
Berkeley, as a barony by tenure. This petition
his Majesty was pleased to refer to his then At-
torney-General, Sir C. Wetherell, who having
reported thereon, it was referred to the House
of Lords, and by that body to the Committee of
Privileges. The grounds on which the claim is
made are detailed at great length, in a case ably
drawn up by Mr. Fonblanque and Mr.
Brougham ; and as they are novel and curious,
an application of such a nature not having been
made for 160 years, we subjoin an abstract of
them.

The petitioner's case is founded on the fol-
lowing
propositions,—viz. that according to the
law and custom of Parliament, there are certain
" land baronies," the lords of which, according
to the language employed in the ancient Parlia-
ment rolls, " come, or ought to come, to Parlia-
ment by summons."—(Rot. Pail., 15 Edward
lll.,sec. 32, 28 Edw. 111., sec. 23, vol. 2, p. 130,
156.) That the dignity of a baron, as "a per-
sonal dignity," was conferred, either by " writ of
summons," or by " letters patent." That, prior
to the 11th Richard 11., the personal dignity of
a baron had not been conferred by " letters
patent," but by " writ..". And that, according.,
to the doctrine established in Lord Clifton's
case, February 7, 1673, (Journals, vol. 12., p.
609), the dignity so conferred by writ, was de-
scendible in fee, or in fee tail general.
Relying on these propositions, the petitioner
states a series of facts to bring his case within
their scope, from which it appears, Ist, That
Berkeley and Berkeley Hernesse, in the county
of Gloucester, were anciently granted by the
King, to be holden of him " in barony," and
have been accordingly so holden. 2d. That
Thomas, Lord Berkeley, was summoned to Par-
liament in 23 Edward I.; that if he was so
summoned, in respect of a " personal dignity,"
it was created either by writ or by letters patent ;
that the dignity of a baron was not created by
letters patent before 11 Richard II.; and con-
sequently if Thomas and his successors, prior to
11 Richard 11., sat in respect of a personal dig-
slity, it must have been a personal dignity con-
ferred by writ, and as such it would have de.
scended to the heirs of the body of the person
possessed of such dignity. 3d. That the dig-
nity in respect of which Thomas vt as summoned
to Parliament, 23 Edward 1., as Baron de Ber-
keley, did not, in the sth Henry V., descend to
the heir general of the said Thomas, nor did such
heir assume the title. 4th. That the person
"seized of the baronial estates " sat in Parlia-
ment as Baron de Berkeley, in exclusion of the
person who would have been entitled td the ba-
ronial dignity, in ease such dignity had been
" personal ;" except during a period of 62 years,
when the baronial estates were vested in the
Crown, and the way seignory consequently sus-
pended. sth. That such of the Barons Ber-
keley as were not in possession of the baronial
estates, and who were summoned to Parliament
by writ, in and subsequent to 14 Henry VIII.,
were not considered as entitled to sit in the
seat * of the preceding Barons de Berkeley ; but
when they became seized of the baronial estates,
they then resumed the ancient seat of their pre-
decessors. 6th and last. That the petitioner is
seized of the castle, lands, and tenements, eon-
mit/ging the barony,
In support of these allegations reference is
made to a stream of documents from the reign of
Richard 1., when all Berkeley Hernesse was
granted to Maurice de Berkeley and his heirs, to
be holden of the King "in barony" down to 1810,
when the late Earl of Berkeley under whose will
the petitioner became seized of the barony,
died. It is submitted that the question upon
the above state of facts is not whether a person
holding a portion (not being the caput) of a
barony is entitled to a seat in the Lords' House
of• Parliament—nor is it whether a person seized
of an entire barony, or of the caput baronice, in
respect of which no individual has ever been
vim. rrioned to Parliament, could now maintain a
claim to be so summoned ;—nor is it whether a
territorial
dignity, which has long heen discon-
tinued, stionizi now be revived ; but the ques-
tion is, whether the claimant is not entitled to
the continuance of the privilege of being sum-
moned to Parliament in respect of the barony of
Berkeley, in like manner as the holders of that
barony were summoned to Parliament during
the reigns of Edward 1., 11., III.; Richard II.;
Henry IV., V., VI. • Edward IV., V.; Richard
III.; and a part of Henry VII. ; Philip and
Mary ; Elizabeth ; James I.; Charles I. ; and
past of Charles 11. The claim, so fotinded, it
is argued, is very much the same as that .of ,John
Fitz Alan to the title of Earl of Arundel, and
that of Sir 'Edmond Neville to the title of Lord
Abergavenny. Jt is contended that no change
is proposed by it in the constitution of the
Lords' House of Parliament, but merely the
reinstatement of one of its most szcient members,
—the Baron de Berkeley, as a baron by tenure.
It may be observed, that the principles upon
which the decisions in the cases of the Earl of
Arundel and of the Baron of Abergavenny are
supposed to have proceeded have been clues,
timed by the subsequent decision in the ease of
jsord Fitzwalter. But with respect to the al-
jo,ssance of the claim of the Esrl of Arundel, it
is contened that the distinct recognition, by the
act of 3 Charles T., cap. 4, of the doctrine upon
which that decision proceeded, has given to it
an authority which nothing short of legislative
declaration can weaken ; and as to the allowance
of the claim of Sir E. Neville to the barony of
Abergavenny, though it has not the sanction of
equal authority as that of the earldom of Arun-
del, yet, as a decision in the reign of Jans.ss Ls
who was very adverse to such claims, it is, from ,
that circumstance, entitled to more than ordinary
weight, It has been observed that this decision
was :Pupae*/ on a compromise or amiable ar-
rangemeot ; but in answer to that it is only ne-
cessary to state, that the barony was claimed by
Sir E. Neville as " a barony by tenure,' and as
such he must have obtained it, pr he could not
have been entitled to that precedenos, which was
allowed him by the house ; for as a 4 isesspnal
dignity" it was neittssr in him nor in his comps-
titor, Mary Fane, but in the heir-at-law of John 1
Earl of Pembroke. With respect to the claim
to the barony of Fitzwalter, in 16643, tbe counsel
of Robert Cheeke, who opposed the claim of
Benjamin Mildmay (afterwards Lord Fitzwalter)'
afErmed, that the barony was abarony by tenure,
ailtnd,otsglit to go along with the land, 3shi,cll the
-4,,-..---7petitidner, I3enjamin Nlildinay, denied, an 4 .oE-
.4fered to argue the point ; upon which, both par,-
~, Vir,-,ties, being, ordered to withdraw, the nature of a
';‘,-j'-',- barony by tin. tire was discussed. It was found
.s,
4::\ ;.S.-**-;, to have.- beep discontinued for many ages, and
4.,::- :"---' r he fore not fit to be revived, or to admit any
..,...4
......,__
Tics') 1.4,-,-,With reference to precedency,
s 4 s-s. •

pretence of right or succession thereupon ; and
the pretence of a barony by tenure was declared,
for weighty reasons, not to be insisted on. In
reference to this decision, it is alleged, that
whatever respect may be due to the opinion thus
given by the Privy Council, yet it is not entitled
to prevail, if at variance with the sound con-
struction of an Act of Parliament, then and still
in force ; and it appears from the act of 12
Charles 11., cap. 21, sec. 11., that nothing in
that act was "to infringe or hurt any title of
honour, feudal or other, by which any person
had or. might have right to sit' in the Lords'
House of Parliament, as to his or their title of
honour, or sitting in Parliament, or the privi-
lege belonging to them as peers." The only
feudal right to a seat in the Lords' House of
Parliament must necessarily be founded in te-
nure ; and the lords spiritual were then sitting
in the Lords' House of Parliament, in respect of
their temporal baronies bytenure, as was the Baron
of Abergavenny, in respect of his land barony ;
and the Baron de Berkeley was sitting, above
many other barons, in respect also of such te-
nure ; and it is material to observe, that Mr.
Cheeke did not show that he held any lands that
could constitute such a barony, or that ever
formed a part of the territorial barony of Fitz-
waiter. With reference, therefore, to' the pre-
sent claim, it is contended that no cases can be
more distinguishable than Colonel Berkeley's
and that of Mr. Cheeke. The former claimed
the privilege, as in continuance Of ancient' and
almost invariably-continued usage ; the latter
insisted on the privilege, without adducing, so
far as can be traced, evidence of even the pos-
session of any lands that could constitute a
barony by tenure. In thus claiming the land or
territorial Barony of Berkeley, the petitioner dis-
tinctly declares, that he does not mean to " wave ;"
hut, on the contrary, " saves and reserves to
himself his claim to any other dignity to which,
in any other right, he may be entitled," evi-
dently alluding to the Earldom of Berkeley, of
which he was deprived by the decision of the
House of Lords in 1811. The petitioner's
prayer is, that " a writ of summons," to attend
in Parliament, might be addressed to him, by
the style, title, and dignity, of Baron Berkeley,
of Berkeley. .

TURKISH ACCOUNT OF THE PASSAGE
OF TILE BALKAN BY THE RUSSIAN ARMY.

(From La Quotidienne.)

" CONSTANTINOPLE, AuG. 3.—The late affairs
before Shumla, where, from the middle of the last
month, there was fighting almost every day, led the
world to expect the most serious events. The Rus-
sians have made an attack with considerable forces
upon all points of the Balkan mountains, and have
succeeded in crossing them. Out of the numerous
reports which are in circulation respecting the mode
in which the passage took place, none of which are
official, these are the more probable details which
have been received. They are extracted in part
from letters dated at Adrianople, on the 30th of July.
" The Russians, after the fall of Silistria, assem-
bled s corps of 70,000 men before Shumla, which
led the Grand Vizier to suppose that they intended
to make their principal attack upon that side, and
to carry Shumla by storm.
" Redschid Pacha, in consequence, withdrew the
garrisons from the different defensible positions upon
the Balkans to concentrate his forces on the point
where lie presumed he should have to make his
great struggle. As socn as the Russian General be-
came acquainted with his movements, he left 15,000
men as a corps of observation at Yeni-Bazar, and
directed his march with the hulk of his army,
amounting to nearly 55,000 men, to Kamtchik,
where he was reinforced by a column which had
marched horn Varna.

" Kamtchik was passed by the Russians at Kiu-
prulu-Kioy, and the Vizier being informed of it, de-
spatched several regiments to stop their progress.
This small corps gave the Russians battle, and was
defeated. At the same moment a disembatkation
that was made at Sizeboli increased the forces of the
enemy. Halil Pacha, the Commander of the re-
gular forces, and another Pacha, at the head of
many thousand irregular troops, endeavoured to re-
establish affairs, and renewed the struggle in mur-
derous engagements. The Russian masses conti-
nually increased, and after overthrowing all resist-
ance, arrived in strong columns at Achioli, and
other defiles, at the Balkans, which they occupied
as far as Karnabat.

" Two principal roads cross the Balkans. The
road by Shumla passes through Adrianople. It has
never been forced till now. The road by Aidos
was guarded by Mehemed Pacha, one of the most
skilful and brave officers in the new Turkish army.
But in consequence of the concentration ordered by
the Grand Vizier, he had not under his orders more
than eight battalions of infantry, six squadrons of
cavalry, a very small quantity of artillery, and 8,000
or 9,000 men in all.

" The Russians being well informed that this road
was pnprovided with troops, put three columns in
motion to force it. 'The first was riddled by the
fire of the Turks, whilst the second was beaten on
every side. A part of the third crossed the moun-
tain, at some distance from the point of attack, and
turned the right of the small Turkish army. The
remainder of this third Russian column, supporting
the skeleton of the two others, presented itself in
front of the troops pf Mehemed Paella, already ha-
rassed by a battle of six hours' duration, and then
taken in front and in flank.

" The battle was contested with great ferocity on
both sides. The Turks at last yielded to numbers;
but they died gloriously in this new Thermopylie.
The passage was forced, arid it is thought to-day
dint the advanced guard of the Russians must be
within a few 'capes of Atli ianople.

" On the other side the Russian fleet threatens to
make a landing at Karaburnon,.The Seritskier repaired
to that point on the 31st of July. Ile then returned
to Therapia; from thence he went to Ramid-Tchif-
flick, from which place he gave orders to several
thousand se'ect infantry to march to the reinforce-
ment of that important point. He departed this
morning to secure the defences on that-side.
f.' At this moment they are cleaning and repairing
tits barracks at Ramid, where the Sultan is going
immediately with the cavalry and infantry of the
guard to defend the capital, which is menaced by
the approaching fall of Adrianople. Levies en masse
have been ordered, and the subjoined buiuruldi has
keen addressed for many days past by the Caimacan
to the 4.7itskier and to the Elfendis of St.imbol :
(Here pllows the translation.)
" The census of the pcfpu4tinn of Constanti-
nople having been completed foy some time, as is
notorious to your Excellency, it has been found from
it that there 443 f.. 11000 men in the capital capable
of bearing arms,
" The reason for taking this pews was to pro-
vide, in case of emergency, for the defence of the
country.
" Now our enemies being in the district near to
phi; totwn, which is the Imperial residence, exerting
thomseiv.co approach it with alacrity, in order to
create confusiO4 the Mussulmans, it is the
supreme will, that in conseiki el:ed of the necessity of
placing Karaburuott and its subtirbs in wstate of de-
tent:le, your Excellency should assemble and tie
with you !ii:(:)„.000 men selected from the inhabitants 1
of the different: ,:p.:;;:ters of the town; and as by
another buiuruldi, addreS e 4 t,? the very learned
Judge 4t4,mb0l .Cadjisi Effendi, he made
nrvaiuta vpo is matter, your
concert for its imme.d?ate ekce,:i4tion with the above-
mentioned Effendi: and will assembite urt,d,3g his'orders
the above-mentioned number of men.. Moreover,your Excellency will use all possible diligence in as:,
icmbling under your orders all the diabaz of horses,

,R. 7-441-
*llll.

LONDON,
FRIDAY EVENING, OCTOBER 1829.

We have as yet no further news from the
theatre of military operations in the East, unless
we are to consider the reported capture of
Shumla as such. This capture is stated on the
authority of mercantile letters from Bucharest,
received at Vienna on the 20th of September,
but as there is no allusion to a subject of such
importance under the head of Vienna on the fol-
lowing day, we may safely set it down as one of
the many weak inventions of the German Jour-
nals. The capture is mentioned by the Augs-
burg Gazette, and the confirmation would have
been joyfully given by the Allgemeine Zeitung
if true, for both manifest a stock-jobbing predi-
lection in favour of Russia whenever an opportu-
nity presents itself.

Neither the Austrian Observer of the 21st
September, nor the Allgenzeine Zeitung of the
26th, contain any information from Turkey.
If we may credit the news from Lisbon, the
situation of DON MIGUEL is not blessed with
many of the sweets of Sovereignty ; for now it
is observed that his best friends desert him, and
the signal discomfiture of his troops at Terceira
is not likely to increase the number of his adhe•
rents. The following are extracts from the
Paris Papers of Wednesday, received by express :
(From the Messager des Chambres of Wednesday.)
SECOND EDITION.

VIENNA, SEPT• 20.

Mercantile letters from Bucharest infor►n us, that
Shumla has been taken by Gen. Krassowsky.—
Augsburg Gazette, Sept. 26.

LISBON, SEPT. 19.

Letters from Angola announce that the inhabitants
have risen against Don Miguel in favour of Don
Pedro, and that the Governor of that Portuguese
colony, Nicholas D'Abreu Castello Aranos, having
attempted to oppose the sedition, was killed.
It is observed, that, during the last four days, not
a single Portuguese nobleman has appeared at Que.
luz, to pay his compliments to Don Miguel or his
mother. Our Municipality, which is composed of
the first authors of the usurpation, is confounded
by the check at Terceira. It had purchased two
hundred dozen of sky rockets to celebrate the re-
duction of that island. Illuminations were ready.
What a pity !

PARIS, SEPT. 29.
Letters from Tripoli, of the Ist of September,
announce that our Consul there had persisted in
considering as a national quarrel the difference be-
tween himself and the Paella, on account of the
papers of the unfortunate Major Laing. Baron
Rousseau had certainly taken down his flag, and
had freighted an Austrian vessel, commanded by
Captain Francovich, to convey him to France with
all his family and Vice-Consul M. de Claisembault.
It is probable that the Bayonnaise, sent from Tou-
lon, arrived too late at Tripoli.

PARIS STOCK EXCHANGE, SEPT. 30.--Five per Cents.
107 f. 10e. 15c. 10c. 15c. 10c. ; Three per Cents.,
81f. 10e. 15c. ; Bank Actions, IB4of. ; Rentes de
Na-
ples, 87f. 15e. 10c. Isc. ; Royal Spanish Loan, 73;
Rente Perp. d'Evagne, 501-M-I. Exchange on Lon-
don, one month, paper, 25f. 65c.; three months, paper,
25f. 45c.

(From the .Allgenzeine Zeitung of Sept. 26.)
Vu NA, SEPT. 21.—Metalliques, 1001; Bank Shares
1190.

St. Petersburgh Journals, of the 16th Sep-
tember, contradict the statement that a Russian
loan of 35 millions of dollars had been contracted
in Germany, as will be seen by the following :

ST. PETERSBURGII, SEPT. 14.

Thp Hamburg Corrcapondent, No. 139, an-
nounces that the Russian Government contracts a
mew loan of 35 millions of dollars with the house of
Frege, at Leipsic, and Bithmann, at Frankfort, at
4 per cent. interest, and at the rate of 80 per cent.
We are formally authorised to contradict this state-
ment which is wholly without foundation. 'file
IVleller and Siniavin corvettes, commanded by
Captains Stanikowitsch and Lutke, have just ar-
rived at Cronstadr, after an absence of three years,
in which they have performed the voyage round the
world. The result of the expedition will not be
‘vilhout rAlvi.mage to the sciences. Captain Stani-
kowitsch explded tie coasts of the Peninsula of
Alablika,while Captain Lae made a most accurate
survey of the space between Kamtschaika and
'• Straits. The latter also examined the
gser‘e!ettrat t 84 P
the
preceding naVigators. Jr. Mertin and M. Kastolsky,
groupse'%i t 11 iel dines, and discovered
t cc.4o (1 ti4e researches of
the 114tnralists? have brought home valuable collec-
tions of natural history ; and the painters, 111esrs,

Portels and Mikhuloff, portfolios full of interesting
diaw,ings. The crews of both vessels enjoyed ex-
cellent health during the whole voyage.

Dutch Papers of the 30th-September give de-
tailed accounts of the-.establishment of a Dutch
colony, or settlement, Oty the west coast of New

Guinea, and the formal act of taking possession
of a great part of that coast by the troops of the
NtAhedands:--

ROTTERDAM, SEPT. 28.

Letters from Smyrna of the 18th ult. say, his
Majesty's frigate Jaatian, Captain Pool, which was
at anchor there, had received orders to be ready to
sail, and to make the necessary preparations to receive
his Excellency, Baron Van Zuylen Van Nyevelt,
with his lady, who will proceed to Naples on board
that vessel, after first performing quarantine at Malta.
TILE HAGUE, SEPT. 26.

The natives of Tidor, Ceram, and other parts of
the Molucca Archipelago have, from remote times,
visited the coasts of the great island of New Guinea,
but their commerce with it was very limited on ac-
count of the barbarism of the inhabitants, and the
want of a Government to protect persons and
property.
In order to remedy this by degrees his Majesty
was pleased to order some time ago that the west
coast of New Guinea should be more accurately sur—
veyed, and a Netherlands establishment be formed on
it, and that formal possession should be taken
of the whole coast in his name. In conformity with
this resolution the Indian Government sent to New
Guinea his Majesty's corvette, the Tiiton, com-:
reanded by the late Captain Steenboom, and the
Colonial brig the Iris, on board of whiCh were M..
Van Delden, Commissioner for forming the pro-
jected establishment, M. Macklot, and some other
members of the committee for making researches
in natural history in our Indian possessions ; Lieu-
tenant Baels, of the Navy, to make nautical obser-
vations ; and Lieutenant Schreiber, of the infantry,
to command the garrison to be left there.
After accurately surveying the river Doorga, pre-
viously discovered by Lieut. Kolff, of the\Navy, and
finding it not calculated for the founding of a settle-
ment, they explored the coast farther to the north,
and discovered at length, in 3 deg. 42 min. S. lat.
and 133 deg. 57 min. E. long. from Greenwich, a
bay, hitherto wholly unknown, to which they gave
the name of Triton bay, which was judged to be
well suited to the proposed object.
In this bay, and with the help of the natives,
who are here of a mild disposition and not wholly
uncivilized, a small fort was built, to which the
name of Fort du Bus was given, where, on the
24th Aug. 1828, on the celebration of his Majesty's
birthday, the flag of the Netherlands was hoisted,
with the solemn publication of the following'