Duke of Berwick
| Dukedom of Berwick | |
|---|---|
Upper: arms of the Dukedom of Berwick in the peerage of England (1687–1695) Lower: arms of the Dukedom of Berwick in the peerage of Spain (1707–present) | |
| Creation date | 1687 (created English title) 1707 (confirmed Spanish title) |
| Created by | James II Philip V |
| Peerage | Peerage of England Peerage of Spain |
| First holder | James FitzJames |
| Present holder | Jacobo Hernando Fitz-James Stuart y Gómez (English title) Carlos Fitz-James Stuart y Martínez de Irujo (Spanish title) |
| Heir apparent | Luis Esteban Fitz-James Stuart y Gómez, 14th Marquess of Valderrábano (English title) Fernando Fitz-James Stuart, 17th Duke of Huéscar (Spanish title) |
| Remainder to | the 1st Duke's heirs male of the body lawfully begotten (English title) the 10th Duke's heirs, both male or female (Spanish title) |
| Subsidiary titles | Peerage of England only:
|
| Seat | Liria Palace |
Duke of Berwick (/ˈbɛrɪk/) (Spanish: Duque de 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 male‑preference 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, DDoña 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).