Duke of Berwick () () is a title that was created in the Peerage of England on 19 March 1687 for James FitzJames, the illegitimate son of James II and VII, King of England, Scotland, and Ireland and Arabella Churchill. The title's name refers to the town of Berwick-upon-Tweed in England, near the border with Scotland.
Its creation is not considered part of the illegitimate Jacobite peerage, and no Writ of attainder was issued by Parliament for the Dukedom (although it was for the Duke himself), the title is still considered by some as theoretically extant, albeit dormant, in the Peerage of England and could be petitioned for reinstatement by the legitimate heirs male of the body (as detailed below in the list of Jacobite succession).
Since 13 December 1707, when Philip V of Spain confirmed the title in his kingdom, and conferred the dignity of Grandee to the 1st Duke of Berwick, the dukedom is also a title of the Spanish nobility. Unlike the English peerage, however, the Spanish title follows the rule of absolute primogeniture, which allows the first‑born child to inherit regardless of gender (female or male). As a result, when the 10th Duke of Berwick died in September 1953 leaving only a daughter, the succession split into two separate lines.
At this point, under English agnatic primogeniture, the English title passed to the nephew of the 10th Duke, Don Fernando Fitz-James Stuart y Saavedra, 19th Duke of Peñaranda (1922–1971). He was succeeded by his son, Don Jacobo Fitz-James Stuart y Gómez, 20th Duke of Peñaranda (born 1947), who became the 12th Duke of Berwick in 1971. The heir presumptive to the English dukedom is his younger brother, Don Luis Fitz‑James Stuart y Gómez, 14th Marquess of Valderrábano (born 1950). As neither Jacobo nor Luis has male issue, the English peerage is expected to become extinct.
In contrast, the Spanish title passed in 1953 to the 10th Duke’s only daughter, Doña Cayetana Fitz-James Stuart, 18th Duchess of Alba (1926-2014), who thereby became the 11th Duchess of Berwick in her own right. Upon her death in 2014, her son Don Carlos Fitz-James Stuart, 19th Duke of Alba (born 1948), inherited the title. The heir apparent to the dukedom is his eldest son Don Fernando Fitz-James Stuart, 17th Duke of Huéscar (born 1990).
History The peerage and its subsidiary titles were generally considered to have been forfeit by the English parliament in 1695, when James FitzJames was attainted following the enforced exile of his father. The College of Arms in its Roll of the Peerage does not list any such title, which means that it is non-existent today in England.
Nevertheless, the titles were recognized in France as de facto Jacobite peerages by Louis XIV, King of France to please the exiled James II & VII, along with other Jacobite peerages recognized in France, like Duke of Perth, Duke of Melfort, etc. On 13 December 1707, Philip V confirmed or issued the title in Spain, and he conferred the dignity of Grandee of Spain on James FitzJames, 1st Duke of Berwick. The grandeeship is attached to the Spanish title of Duke of Berwick.
If the English peerage title was still extant, that title is only inheritable in the male line. At the death of Don Jacobo Fitz-James Stuart, 17th Duke of Alba and 10th Duke of Berwick, the English title would have been inherited by his nephew Don Fernando FitzJames Stuart, 15th Duke of Peñaranda de Duero (1922–1971), and subsequently by Fernando's son Don Jacobo FitzJames Stuart, 16th Duke of Peñaranda de Duero and current head of the House of FitzJames (born in 1947 and without children).
The Spanish title, with the accompanying dignity of Grandee of Spain, follows the inheritance rules of that country. Spanish noble titles historically have followed the rule of male-preference primogeniture, which allows a female to succeed if she has no living brothers and no deceased brothers who left surviving legitimate descendants. With the death of the 10th Duke of Berwick in September 1953, his only child, Doña Cayetana Fitz-James Stuart, 18th Duchess of Alba, succeeded him in his Spanish titles, including the Spanish dukedom of Berwick. With her death in November 2014, the dukedom passed to her eldest son, Don Carlos Fitz-James Stuart y Martínez de Irujo.BOE-A-2015-6673
Dukes of Berwick (1687–1695) Descendant Portrait Birth Marriages Death James FitzJames, 1st Duke of Berwick1670–1695 21 August 1670Moulins, Allierson of James II of England and Arabella ChurchillHonora de Burgh, Countess de Lucan26 March 16951 childAnne Bulkeley18 April 170010 children 12 June 1734Philippsburgaged 63
Jacobite Dukes of Berwick (1695–present) Descendant Portrait Birth Marriages Death James FitzJames, 1st Duke of Berwick1695–1734 21 August 1670Moulins, Allierson of James II of England and Arabella ChurchillHonora de Burgh, Countess de Lucan26 March 16951 childAnne Bulkeley18 April 170010 children 12 June 1734Philippsburgaged 63 James Fitz-James Stuart, 2nd Duke of Berwick1734–1738 21 October 1696son of James FitzJames, 1st Duke of Berwick and Honora de Burgh, Countess de Lucan Catalina Colón de Portugal y Ayala, 9th condesa de Gelves31 December 17166 children 2 June 1738Naplesaged 41 Jacobo Fitz-James Stuart, 3rd Duke of Berwick1738–1785 28 December 1718Madridson of James Fitz-James Stuart, 2nd Duke of Berwick and Catalina Colón de Portugal y Ayala, 9th condesa de GelvesMaría Teresa de Silva y Alvarez de Toledo26 June 17381 child 30 September 1785Valenciaaged 66 Carlos Fitz-James Stuart, 4th Duke of Berwick1785–1787 25 March 1752Liriason of James Fitz-James Stuart, 3rd Duke of Berwick and María Teresa de Silva y Álvarez de ToledoCarolina Augusta, Prinzessin zu Stolberg-Gedern15 September 17712 children 7 September 1787Madridaged 35 Jacobo Fitz-James Stuart, 5th Duke of Berwick1787–1794 25 February 1773Parisson of Carlos FitzJames Stuart, 4th Duke of Berwick and Carolina Augusta, Prinzessin zu Stolberg-GedernMaría Teresa de Silva Fernández de Híjar y Palafox24 January 17902 children 3 April 1794diedaged 21 Jacobo Fitz-James Stuart, 6th Duke of Berwick1794–1795 3 January 1792son of Jacobo FitzJames Stuart, 5th Duke of Berwick and María Teresa de Silva Fernández de Híjar y Palafoxnever married 5 January 1795aged 3 Carlos Fitz-James Stuart, 7th Duke of Berwick1795–1835 19 May 1794Madridson of Jacobo FitzJames Stuart, 5th Duke of Berwick and María Teresa de Silva Fernández de Híjar y PalafoxRosalia Ventimiglia e Moncada, nobile dei principi di Grammonte 15 February 18173 children 7 October 1835Sionaged 41 Jacobo Fitz-James Stuart, 8th Duke of Berwick1835–1881 3 June 1821Palermoson of Carlos FitzJames Stuart, 7th Duke of Berwick and Rosalia Ventimiglia e Moncada, nobile dei principi di Grammonte María Francisca Portocarrero Palafox y Kirck Patrick, 12th duquesa de Peñaranda14 February 18483 children 10 July 1881Madridaged 60 Carlos Fitz-James Stuart, 9th Duke of Berwick1881–1901 4 December 1849Madridson of Jacobo FitzJames Stuart, 8th Duke of Berwick and María Francisca Portocarrero Palafox y Kirck Patrick, 12th duquesa de PeñarandaMaría del Rosario Falcó y Osorio, 12th condesa de Siruela10 December 18773 children 15 October 1901New York Cityaged 51 Jacobo Fitz-James Stuart, 10th Duke of Berwick1901–1953 17 October 1878Madridson of Carlos FitzJames Stuart, 9th Duke of Berwick and María del Rosario Falcó y Osorio, 12th condesa de SiruelaMaría del Rosario de Silva y Gurtubay, 9th marquesa de San Vicente del Barco7 October 1920 1 child 24 September 1953Lausanneaged 74 Fernando Fitz-James Stuart, 11th Duke of Berwick1953–1970 24 January 1922El Guadalperalnephew of Jacobo Fitz-James Stuart, 17th Duke of Alba, son of Carlos Fernando Fitz-James Stuart y Falcó, 14th duque de Peñaranda, grandson of the 9th Duke of Berwick, and María del Carmen de Saavedra y Collado, 13th marquesa de VillaviciosaMaría Isabel Gómez y Ruiz 19444 children 20 July 1970El Guadalperalaged 48 Jacobo Fitz-James Stuart, 12th Duke of Berwick1970–present 15 November 1947son of Fernando Fitz-James Stuart, 11th Duke of Berwick and María Isabel Gómez y RuizMarta Gómez-Acebo Calonje no issue
Spanish Dukes of Berwick (1707–present) Before 1953, the Spanish Dukes were also the Jacobite Dukes of Berwick. The line split due to the differences between the Spanish and Jacobite succession laws (male-preference primogeniture and agnatic primogeniture respectively).
Descendant Portrait Birth Marriages Death Cayetana Fitz-James Stuart, 11th Duchess of Berwick1953–2014 28 March 1926Liria Palace, Madriddaughter of Jacobo Fitz-James Stuart, 10th Duke of Berwick, and María del Rosario de Silva, 9th Marquise of San Vicente del BarcoHonorable Luis Martínez de Irujo y Artázcozm. 1947; dec. 1972with him 6 childrenJesús Aguirre y Ortiz de Zárate m. 1978; dec. 2001Alfonso Díez Carabantes m. 201120 November 2014Palacio de las Dueñas, Sevilleaged 88 Carlos Fitz-James Stuart, 12th Duke of Berwick2014–present 2 October 1948Madridson of Cayetana Fitz-James Stuart, 11th Duchess of Berwick, and Don Luis Martínez de Irujo y ArtázcozDoña Matilde de Solís-Beaumont y Martínez-Camposm. 1988; div. 2004with whom he had 2 children
References
External links Hernando Fitzjames-Stuart in Spanish