Baron Wharton is a title in thePeerage of England, originally granted byletters patent to the heirs male of the1st Baron, which was forfeited in 1729 when the last male-line heir was declared an outlaw. The Barony was erroneously revived in 1916 bywrit of summons, thanks to an 1844 decision in the House of Lords based on absence of documentation. As such, the current Barony of Wharton could more accurately be listed as a new Barony, created in 1916, with the precedence of the older (and extinct) Barony.
The titleBaron Wharton was created in 1544 byletters patent forSir Thomas Wharton, who had previously served as aMember of Parliament forCumberland, in recognition of his victory at theBattle of Solway Moss. Because of its creation by letters patent, the Barony could only be passed down to male heirs.
The5th Baron (1648–1715) had a long and distinguished political career, serving at various times as a Member of Parliament,Lord Lieutenant of Oxford andBuckingham,Lord Lieutenant of Ireland andLord Privy Seal. He was createdEarl of Wharton, in theCounty of Westmorland, andViscount Winchendon, ofWinchendon in theCounty of Buckingham, in 1706, in the Peerage of England, and in 1715 was further createdMarquess of Wharton, in the County of Westmorland, andMarquess of Malmesbury, in theCounty of Wilts, in thePeerage of Great Britain. Later that year, he was also createdMarquess of Catherlough,Earl of Rathfarnham, in theCounty of Dublin, andBaron Trim, in theCounty of Meath, in thePeerage of Ireland. (The Marquessate of Catherlough referred to the town now spelledCarlow.)
His son, the2nd Marquess (1698–1731), was createdDuke of Wharton, in the County of Westmorland, in the Peerage of Great Britain, in 1718, but all the titles were forfeit in 1729 when the Duke of Wharton was declared an outlaw. In any event, since on the Duke's death there were no male heirs of the 1st Baron remaining, all the titles would have become extinct at that point.
In 1844, however, the Barony was claimed by ColonelCharles Kemeys-Tynte,[1] and, since the document creating the peerage had been lost, theCommittee for Privileges of theHouse of Lords ruled erroneously that the Barony was created bywrit and could therefore be passed down through the female line.[2] As a consequence of their resolution, it was determined that at the death of the Duke of Wharton, the Barony had fallen intoabeyance between the Duke's sisters, LadyJane Holt and Lady Lucy Morice. It was further determined that, at Lady Lucy's death in 1739, Lady Jane (by now Lady Jane Coke) remained the sole heir, and had been therefore entitled to the Barony. Finally, it was determined that at her death the Barony again fell into abeyance, where it remained in the nineteenth century. The Committee for Privileges, however, also ruled that it did not have the authority to terminate the abeyance because of the existence of a judgement of outlawry against the Duke of Wharton. Thus the matter remained unresolved for 72 years.
On 15 February 1916, the abeyance was terminated by awrit of summons fromKing George V toParliament in favour ofCharles Theodore Halswell Kemeys-Tynte, who became the 8th Baron.[3][4] (He should be more properly listed as the 1st Baron Wharton, of the new barony.) At his death, the title was inherited successively by his son and thereafter by his daughter, Elisabeth, who became the 10th Baroness. At her death in 1974, the Barony again fell into abeyance, between her two daughters. It was once again revived in 1990, when the abeyance was terminated in favour of Myrtle Robertson. At her death, the Barony was inherited by her son Myles.
Theheir presumptive is the present holder's only child, the Hon. Meghan Ziky Mary Robertson (b. 2006).
The Whartonbaronetcy dates from 6 October 1292 whenKing Edward I granted to Gilbert de Querton "the Manor of Querton with its appurtenances." ("Querton" was the earlierLatin spelling of "Wharton") There de Querton builtLammerside for himself and his wife, Emma de Hastings. (The remains of the building still stand and today resemble apele tower). Emma was the daughter of Nicholas de Hastings of the family which were the ancestors of the presentEarls of Huntingdon and ofPembroke.
The descendants of Sir Gilbert were:
| King Henry III |  | |
|---|---|---|
| King Edward I | ||
| King Edward II | ||
| King Edward III | ||
| King Richard II | ||
| King Henry V | ||
| King Henry VI | ||
| King Edward IV | ||
| King Henry VII | ||
| King Henry VIII | ||
| Queen Elizabeth I | ||
| King James I | ||
| King Charles I | ||
| King Charles II | ||
| King William III | ||
^This barony was created bySimon de Montfort, who, in the King's name, issued writs of summons toa parliament to attempt to stabilise his position during theSecond Barons' War. This barony was given its precedence by the House of Lords in 1806. | ||
