New-York tribune., 1908-05-04
HIS CASTLE HAUNTED BY EDWARD II.


Old Lord F1tzhardnges remarkable lawsuit in
the Court of Chancery, IN London. to restrain
people from shooting wild fowl the banks of the
River Severn has served not only to bring to the
attention OF the public the antiquity Of English
laws with regard TO the tenure Of land. but also
to recall to mind OF the most romantic peer
age OF the British aristocrecy. Lord F1tB-
hardinges action. to the Judgment of which in
his favor THE London Times devoted no fewer
than five OF its closely printed columns. turned
upon the question as to whether or not the grant
made by King Henry II in 1154 of the Castle Of
Berkeley to Robert F1tzhardinge. ancestor of
Lord Ftzhardinge. extends to the foreshore OF the
River Severn, along which his lands are situated
The court decided that the Crown is prima facie
of the foreshore and bed Of a tidal navi-
gable river just It is of the foreshore of the
sea- that the public had common law right TO
fish and navigate the waters thereof any grant
by the Crown being limited by these rights. But
It likewise insisted that the Crown had the power
ALLEVIATE its ownership to the foreshore snd
bed OF the Severn when and where uncovered by
water, and that the grant. therefore. by King
Henry II to the lords of Berkeley Castle was per
fectly valid. Moreover. there was no ground for
the contention that the Kings subjects had the
right to shoot wild fowl from the banks or along
the foreshore OF navigable tidal river
Berkeley Castle the scene OF the shocking
murder in 1927 of King Edward II, who is popu-
larly supposed to haunt it. Gray's following lines
in The Bard commemorate the tragedy:
Mark the year. and mark the night
When Severn 81 shall wh Brsy roof that
shrieks Of an ason'.ng king!
The castle is situated within about two miles of
the Severn 1t dates from the Norman period, al
though there a stronghold there in the days OF
the Ango-Saxon kings. and among Its treasures is
preserved a goblet belonging to Its onetme owner.
the great Earl Goodwin Henry / Is on record as
having spent some time there as the guest OF Rob
yatY foolr he n
Stephen and in consequence thereof lost Berkeley
Castle and his Gloucestershre estates, which were
bestowed by Empress Maude's son. Henry ii, upon
Robert the son of Hardinge. or F1tzhardnse an
enormously rich Bristo! merchant who had been
one of her principal supporters and champions
The old Berkeleys were not, however, rooted out
Of the countryside So Robert f1tzharofnge' the
sagacious Bristol merchant. made an alliance with
them giving one of his daughters to their heir
and taking daughter from theTl' as the vile vi
his own son Maurice.
Maurice by virtue OF his marriage, assumed the
name of Berkeley was known as Maurice de
Berkeley and inherited the Berkeley castle ana
estates. His great-grandson was created Lord
Rerkelsv and for his military services in the
Welsh wars of King Edward 1 received by spe-
cia grant the queer hereditary privilege OF hunt'
ing with his own dogs the hare, the badger and
the wildcat in the royal forests His son. the
second Lord Berkeley, summoned TO Parlia-
ment as Lord Berkeley of Berkeley Castle, and
II was on the strength OF this summons. In whlcn
he was styled the Kings beloved kinsmen, That
the claim was made than fve centuries later
that the title inalienab4e from the castle
II was his eldest son, the third Lord Berkeley.
who had the custody of Edward II at Berkeley
Castle But II is only fair to add that; by reason
OF the humanity with which he treated his royal
captive he deprived of his trust and COM
ueed to surrender the custody OF the imprisoned
monarch to Lord Maltravers and Sir Thomas Gour-
nav or Gurney who put him 10 death IN the fright
full fashion related In history. Edward III brought
his fathers murderers to justice, and. although
Lord Berkeley arraigned as a participator III
The crime he was honorably acquitted. The ninth
7 ord Of Berkeley was transformed by King William
and Queen Mary into Earl Of Berkeley. and 1t
was the rrth earl whose domestic relations were
the origin of perhaps the most famous peerdge
cases In the history of the British aristocracy.