Barony of Wharton
Baron Wharton is a title in the Peerage of England. 1
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It was created in 1544 by letters patent 2 for Sir Thomas Wharton, who had previously served as a Member of Parliament for Cumberland, in recognition of his victory at the Battle of Solway Moss 3. Because of its creation by letters patent, the barony could only be passed down to male heirs.
The fifth Baron, also named Thomas, had a long and distinguished political career, serving at various times as Member of Parliament, Lord Lieutenant of Oxford and Buckingham, Lord Lieutenant of Ireland and Lord Privy Seal. He gained several peerage titles, including: Marquess of Catherlough, Marquess of Wharton, Marquess of Malmesbury, Earl of Wharton, Earl of Rathfarnham, Viscount Winchendon and Baron Trim. His son Philip became Duke of Wharton 4, but the title was later forfeit when the Duke of Wharton was declared an outlaw, and since there were no male heirs, the Wharton barony became extinct upon his death.
In 1844, however, the barony was claimed by Col. Charles Kemeys-Tynte. And since the document creating the peerage had been lost, the Committee for Privileges of the House of Lords ruled erroneously that the barony was created by writ 5 and could therefore be passed down through the female line. As a consequence of their resolution, it was determined that at the death of the Duke of Wharton, the barony had fallen into abeyance 6 between the Duke's sisters Lucy and Jane. It was further determined that, at Lucy's death in 1739, Jane remained the sole heir, and had been therefore entitled to the barony. Finally, it was determined that at Jane's 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 judgment of outlawry against Philip, Duke of Wharton. Thus the matter remained unresolved for 72 years.
On 15 February 1916, the abeyance was terminated by a writ of summons from King George V to Parliament in favour of Charles Theodore Halswell Kemeys-Tynte who became the 8th baron. At this baron's death, the title was inherited by his son and thereafter by his granddaughter Elisabeth, who became the tenth holder of the barony.
At her death in 1974, the barony again fell into abeyance. 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.
Early Whartons c1281 - 1531
The Wharton knighthood dates from 6 October 1292 when King Edward I granted to Gilbert de Querton "the Manor of Querton with its appurtenances." ("Querton" was the earlier Latin spelling of "Wharton") There de Querton built a pele tower, (fortified tower) Lammerside, for himself and his wife, Emma de Hastings. Emma was the daughter of Nicholas de Hastings of the family which were the ancestors of the present Earls of Huntingdon and of Pembroke.
The descendants of Sir Gilbert were:
- Sir Henry de Querton (c.1281–aft.1343)
- Sir Hugh de Querton (c.1308–bef.1389)
- Sir William de Wherton (c.1327–bef.1417)
- Sir John de Wharton (c.1360–1434)
- Sir Thomas de Wherton (c.1388–c.1440)
- Sir Henry Wharton (c.1437–?)
- Sir Thomas Wharton II (1460 or 1465–1531)
- Sir Thomas Wharton III – 1st Baron Wharton
Barons Wharton (1544)
Thomas Wharton, 1st Baron Wharton (c. 1495–1568)
Thomas Wharton, 2nd Baron Wharton (1520–1572)
Philip Wharton, 3rd Baron Wharton (1555–1625)
Philip Wharton, 4th Baron Wharton (1613–1696)
Thomas Wharton, 1st Marquess of Wharton (1648–1715)
Philip Wharton, 1st Duke of Wharton (1698–1731) (abeyant 1731)
Jane Wharton, 7th Baroness Wharton (1706–1761) (became sole heir 1739; abeyant 1761)
Charles Theodore Halswell Kemeys-Tynte, 8th Baron Wharton (1876–1934) (abeyance terminated 1916)
Charles John Halswell Kemeys-Tynte, 9th Baron Wharton (1908–1969)
Elisabeth Kemeys-Tynte, 10th Baroness Wharton (1906–1974) (abeyant 1974)
Myrtle Olive Felix Robertson, 11th Baroness Wharton (1934–2000) (abeyance terminated 1990)
Myles Christopher David Robertson, 12th Baron Wharton (b. 1964)
The Heir Presumptive to the barony is the present holder's only child, Hon. Meghan Robertson (b. 2006)
Footnotes
Hereditary peers form part of the Peerage in the United Kingdom. There are over seven hundred peers who hold titles that may be inherited. Formerly, most of them were entitled to a seat in House of Lords, but since the House of Lords Act 1999 only ninety-two are permitted to sit. Peers are called to the House of Lords with a writ of summons.
A hereditary title is not necessarily a title of the peerage. For instance, baronets and baronetesses may pass on their titles, but they are not peers. Similarly, the holder of a non-hereditary title may still belong to the peerage, as evidenced by the case of the Prince of Wales and of life peers. Peerages may be created by means of letters patent.
Letters patent are a type of legal instrument in the form of an open letter issued by a monarch or government granting an office, a right, monopoly, title, or status, to someone, or to some entity such as a corporation.
The Battle of Solway Moss took place on Solway Moss in 1542 between armies of England and Scotland. The battle (better described as a rout) was an English victory.
Henry VIII of England and James V were the reigning monarchs. James, humiliated by the defeat, died two weeks later at the age of thirty. He left behind a six-day-old daughter, Mary, Queen of Scots.
The Duke of Wharton is a peerage title created in 1718 for Philip Wharton, who was already Baron Wharton. He was 19 years old at the time. In 1729 he was outlawed and attainted for high treason and his titles were declared forfeit by Parliament and his property confiscated.
Writ of summons - a writ which enables a peer to sit in Parliament.
Abeyance (from the Old French abeance meaning "gaping"), a state of expectancy in respect of property, titles or office, when the right to them is not vested in any one person, but awaits the appearance or determination of the true owner.
