William Berkeley, 1st Earl FitzHardinge refused to claim his right to the earldom. In 1831 William Berkeley was raised to the peerage as Baron Segrave, of Berkeley Castle in the County of Gloucester. Berkeley was returned to parliament as one of two representatives for Gloucestershire in 1810 (succeeding his uncle Sir George Cranfield-Berkeley), a seat he only held until 1811. In 1836 he was appointed Lord-Lieutenant of Gloucestershire, a post he retained until his death. In 1841 he was further honoured when he was made Earl FitzHardinge. Berkeley never married. He had several mistresses, and in 1821 John Waterhouse succeeded in an action for "criminal
James Berkeley Berkeley died on 24 June 1327, having been murdered and having suffered the destruction and despoilation of his manors, according to the account by his successor John de Grandisson. Berkeley was buried in Exeter Cathedral, against the north wall of the south ambulatory, where survives his chest tomb. It is devoid of the monumental brass which originally adorned the Purbeck marble ledger stone top, in the form of a demi-effigy of a bishop wearing a mitre, the indent of which is still visible. Following the Reformation the brass was stripped away in 1561 on the orders of the Cathedral authorities.