Maurice Berkeley, 1st Baron FitzHardinge health in November 1857. On 26 February 1861, after inheriting his brother's estates, Berkeley unsuccessfully claimed the Barony of Berkeley as being one by tenure of Berkeley Castle. He was advanced to Knight Grand Cross of the Order of the Bath on 28 June 1861 and was created Baron FitzHardinge, of the city and county of Bristol on 3 August 1861. He was promoted to full admiral on 15 January 1862 and died at Berkeley Castle in Gloucestershire on 17 October 1867. In 1823 Berkeley married Lady Charlotte Lennox, daughter of Charles Lennox, 4th Duke of Richmond; after his first
Maurice Berkeley, 3rd Baron Berkeley was disinherited by his elder brother William Berkeley, 1st Marquess of Berkeley, 2nd Baron Berkeley (1426–1492), who died without surviving progeny. As he never therefore possessed Berkeley Castle, he had no claim to the ancient feudal barony of Berkeley, which was dependent on landholdings. It was assumed (according to a very unusual legal rationale) that the barony by writ created in 1412 was also held dependent on the tenure of Berkeley Castle (that is to say it was deemed a feudal barony or barony by tenure), and that it had thereby been forfeited by association, and thus Maurice never assumed