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I was under the impression that Berwick was outlawed, and that therefore his title was forfeit. Proteus 19:46 GMT, 17th January 2004
The site listed on the article page provides a caption for the picture of the second Duke: "James Francis Fitz-James, son of the Duke of Berwick and Honora de Burgo. He was Duke of Berwick and Duke of Liria, and married Dona Catarina of Portugal, sister of the Duke of Veraquas." -- Lord Emsworth 01:30, Jan 21, 2004 (UTC)
That may be more of an indication of the opinion of the Duke's son than any official statement that he was actually the 2nd Duke. The 1st Duke was never attainted by Act of Parliament, but as far as I'm aware he was declared an outlaw and his name was removed from the Roll of the House of Lords (outlawry being another way of forfeiting titles by attainder). Some people seem to have claimed that he was in fact still the Duke of Berwick (and that the continental noble who is currently his heir (the Duque de Penaranda de Duero, I believe) is de jure Duke of Berwick) but others state that the outlawry cancelled his titles. In any case, his name was dropped from the Roll, and so it seems to be the opinion of the British Government that his titles were forfeit. Proteus 15:13, 21 Jan 2004 (UTC)
I've added the places of his birth and death. 126.96.36.199 (talk) 05:28, 27 December 2009 (UTC)