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Wharton, Baron (E, 1544/5)

Creation: writ sum. 30 Jan 1544/5 (see comment after 5th Baron)

Family name: Wharton later Kemeys-Tynte later Arbuthnot later Robertson

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As borne by the late Baroness Wharton:

Arms:

Quarterly, 1st and 4th grand quarters, quarterly, 1st and 4th, Gules a Lion couchant between six Cross Crosslets Argent (Tynte);  2nd and 3rd, Vert on a Chevron Argent three Pheons Sable (Kemeys); 2nd and 3rd grand quarters, Sable a Maunch Argent on a Bordure Or eight Pairs of Lion's Gambs erased in saltire Gules (Wharton)

Supporters:

Dexter: A Bull Argent armed and unguled Gules crined Sable gorged with a Ducal Coronet per pale Gules and Gold;  Sinister:  A Lion Gules fretty Or

Motto:

Plaisir En Faits D'Armes (Pleasure in feats of arms)

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Thomas [Wharton], 1st Baron Wharton

1st son of Thomas Wharton, of Wharton and Mateby in Kirkby Stephen, co. Westmorland, by his wife Agnes Warcop, dau. of Reginald Warcop, of Swerdale, co. Westmorland

born

c.1495

mar. (1)

bef. 4 Jul 1518 Eleanor Stapleton, dau. of Sir Bryan Stapleton, of Wighill, co. York, by his wife Joan Thirkeld, dau. and hrss. of Sir Lancelot Thirkeld

mar. (2)

18 Nov 1561 Lady Anne Braye (widow of John [Braye], 2nd Baron Braye;  dsp. 3 Feb 1584/5), only dau. of Francis [Talbot], 5th Earl of Shrewsbury, by his first wife Hon Mary Dacre, 1st dau. of Thomas [Dacre], 2nd Baron Dacre of Gilsland

died

23 Aug 1568

created

by writ of summons 30 Jan 1544/5 as Baron Wharton

suc. by

son by first wife

Thomas [Wharton], 2nd Baron Wharton

born

1520

mar.

c. Apr 1547 Lady Anne Ratcliffe (d. 7 Jun 1561), 1st dau. of Robert [Ratcliffe], 1st Earl of Sussex, by his second wife Lady Margaret Stanley, only dau. of Thomas [Stanley], 2nd Earl of Derby

died

14 Jun 1572

suc. by

son

Philip [Wharton], 3rd Baron Wharton

born

23 Jun 1555

mar. (1)

25 Jun 1577 Lady Frances Clifford (d. 1592), only surv. dau. of Henry [Clifford], 2nd Earl of Cumberland, by his second wife Hon Anne Dacre, 2nd dau. of William [Dacre], 3rd Baron Dacre of Gilsland

mar. (2)

1597 Dorothy Willoughby (widow of John Tamworth, of Leake, co. Lincoln, and of Sir Francis Willoughby, of Wollaton, co. Nottingham;  dsp. 4 Apr 1621), dau. and hrss. of Thomas Colby, of Sherfield-on-Loddon, co. Hampshire, by his wife Elizabeth Gilbert, dau. and cohrss. of Edward Gilbert, Alderman of London

died

26 Mar 1625

suc. by

grandson

[Hon Sir Thomas Wharton]

2nd son by his first wife of Philip [Wharton], 3rd Baron Wharton

born

1587

mar.

11 Apr 1611 Lady Philadelphia Carey, only dau. of Robert [Carey], 1st Earl of Monmouth, by his wife Elizabeth Trevannion, dau. of Sir Hugh Trevannion, of Caerhayes, co. Cornwall

died

v.p. 17 Apr 1622

note

father of Philip [Wharton], 4th Baron Wharton

Philip [Wharton], 4th Baron Wharton

born

8 Apr 1613

mar. (1)

20 Sep 1632 Elizabeth Wandesford (dspm. c.1636), dau. and hrss. of Sir Rowland Wandesford, of Pickhill, co. York, by his wife Catherine Wentworth, dau. of Thomas Wentworth, of North Emsall, co. York

mar. (2)

7 Sep 1637 Jane Goodwin (d. 21 Apr 1658), dau. and hrss. of Arthur Goodwin MP, of Upper Winchendon, co. Buckingham (by his wife Hon Jane Wenman, 2nd dau. by his first wife of Richard [Wenman], 1st Viscount Wenman), son and heir of Sir Francis Goodwin, by his wife Hon Elizabeth Grey, half sister and cohrss. of Thomas [Grey], 15th Baron Grey of Wilton, and only dau. by his first wife of Arthur [Grey], 14th Baron Grey of Wilton

mar. (3)

4 Aug 1661 Anne Popham (widow of Col Edward Popham;  d. 13 Aug 1692), dau. of William Ker, of Fernihurst, co. Roxburgh

died

5 Feb 1695/6

suc. by

son by second wife

Thomas [Wharton], 5th Baron Wharton later 1st Earl of Wharton later 1st Marquess of Wharton

created

23 Dec 1706 Viscount Winchendon, of Winchendon in the County of Buckingham. and Earl of Wharton, of Wharton in the County of Westmorland (Peerage of England)

15 Feb 1714/5 Marquess of Wharton, in the County of Westmorland, and Marquess of Malmesbury, in the County of Wiltshire (Peerage of Great Britain)

12 Apr 1715 Baron of Trim, in the County of Meath, Earl of Rathfarnham, in the County of Dublin, and Marquess of Catherlough (Peerage of Ireland)

The Barony of Wharton was held by the Earl of Wharton (later Marquesses of Wharton later Dukes of Wharton) from 7 Jan 1714/5 until his outlawry for high treason on 3 Apr 1729. The Complete Peerage sets out evidence to show that the Barony of Wharton was created by letters patent and not by writ, and would therefore have been limited to the heirs male of the body of the 1st Baron Wharton. If this is so, then on the outlawry of Phillip [Wharton], 1st Duke of Wharton, 6th Baron Wharton, etc., all his titles, including the Barony of Wharton, would have became forfeited (the outlawry and forfeiture were reversed by Writ of Error in the Queen's Bench on 3 May 1845 as a result of evidence given before the Committee for Privileges in the claim to the Barony of Wharton in 1844) and any right to them extinct on his death on 31 May 1731.

However, in 1843-44 Col Charles Kemeys Kemeys-Tynte MP and others claimed, based on evidence then available to them, (a) that the Barony of Wharton had been created by writ of summons and (b) that the daughters of the 4th Baron Wharton were the representatives of the 1st Baron Wharton following the death s.p. of the Duke of Wharton's only surviving sister in 1761. On 28 Jul 1845 the House of Lords resolved "that the Barony of Wharton is a Barony created by Writ and sitting on the 26th November, 2 Edward VI, in the Year 1548, and is descendible to heirs general." The House of Lords also resolved that following the death of the Duke of Wharton the Barony of Wharton had fallen into abeyance between his two sisters and coheiresses:  (1) Lady Jane Wharton, wife firstly of John Holt, of Redgrave Hall, co. Suffolk, and secondly of Robert Coke, of Hillingdon, co. Middlesex;  and (2) Lady Lucy Wharton, wife of Sir William Morice.  As a consequence of this decision, it was deemed in 1915 that on the death without issue of Lady Lucy on 2 Feb 1738/9 the Barony of Wharton had devolved on the elder sister (although she was not recognised as holder of the title during her lifetime):

Lady Jane Wharton later Holt later Coke, de jure suo jure Baroness Wharton

1st dau. of Thomas [Wharton], 5th Baron Wharton later 1st Marquess of Wharton, by his second wife Hon Lucy Loftus, only surv. dau. and hrss. of Adam [Loftus], 1st Viscount Lisburne

born

mar. (1)

John Holt, of Redgrave Hall, co. Suffolk (d. bef. 20 Feb 1728/9)

mar. (2)

13 Jun 1733 Robert Coke, of Hillingdon, co. Middlesex, Vice Chamberlain to Queen Anne (dsp. 1750), brother of Thomas [Coke], 1st Earl of Leicester, and 3rd son of Edward Coke, of Holkham, co. Norfolk, by his wife Cary Newton, only dau. by his first wife of Sir John Newton, 3rd Bt., of Barr's Court, co. Gloucester

died

s.p. c.1760

The House of Lords further resolved in 1845 that on the death of Lady Jane Coke the Barony of Wharton had fallen into abeyance between the representatives of three of the daughters of Philip [Wharton], 4th Baron Wharton:  (1) Hon Elizabeth Wharton, only daughter by his first marriage and wife of Robert [Bertie], 3rd Earl of Lindsey;  (2) Hon Mary Wharton, second daughter by his second marriage and wife firstly of William Thomas, of Wenvoe, co. Glamorgan, and secondly of Sir Charles Kemeys, 3rd Bt., of Cefn Mably, co. Monmouth;  and (3) Hon Philadelphia Wharton, third daughter by his second marriage and wife firstly of Sir George Lockhart, of Carnwath, and secondly of Capt John Ramsay.  The House of Lords further decided that the said Charles Kemeys Kemeys-Tynte was heir to one-third part of the Barony of Wharton. The matter was not proceeded with further by Col Kemeys-Tynte.

In 1915 his great-great-grandson, Charles Theodore Halswell Kemeys-Tynte, petitioned the House of Lords for recognition as Baron Wharton. The Committee for Privileges, despite having heard fresh evidence showing that the Barony of Wharton was created by letters patent, agreed with the resolutions of 1845 and resolved and adjudged in favour of the petitioner. As a consequence the Barony was called out of abeyance on 15 Feb 1916 (the same year that the abeyances in four other alleged baronies by writ, those of Burgh, Strabolgi, Dudley and Cobham, were similarly determined) in favour of:

Charles Theodore Halswell [Kemeys-Tynte], 8th Baron Wharton

1st son of Capt Halswell Milborne Kemeys-Tynte, of Halswell, of Cefn Mably, and of Burleigh Hall (by his wife Rosabelle Clare Walsh, dau. of Theobald Walsh, of Tyrrelston, co. Kildare), 1st son of Col Charles Kemeys Kemeys-Tynte, of Halswell, of Cefn Mably, and of Burleigh Hall (by his first wife Mary Frome, dau. of Rev George Frome, of Puncknoll, co. Dorset), 1st son of Col Charles John Kemeys-Tynte, of Halswell, co. Somerset, of Cefn Mably, co. Glamorgan, and of Burleigh Hall, co. Leicester (by his first wife Elizabeth Swinnerton, dau. and cohrss. of Thomas Swinnerton, of Butterton Hall, co. Stafford), only son of Col Charles Kemeys Kemeys-Tynte MP, of Halswell, co. Somerset, and Cefn Mably, co. Glamorgan (by his wife Anne Leyson, dau. of Rev Thomas Leyson, Vicar of Bassaleg, co. Monmouth), only son of Col John Johnson later Kemeys-Tynte, Groom of the Bedchamber, by his wife Jane Hassell, only dau. of Maj Ruisshe Hassell, by his wife Jane Tynte, only dau. of Sir John Tynte, 2nd Bt., of Halswell, co. Somerset (and sister and hrss. of Sir Charles Tynte, 5th Bt. MP), by his wife Jane Kemeys, only dau. of Sir Charles Kemeys, 3rd Bt., of Cefn Mably, co. Glamorgan (and sister and hrss. of Sir Charles Kemeys, 4th Bt. MP), by his first wife Hon Mary Wharton, 2nd dau. by his second wife of Philip [Wharton], 4th Baron Wharton

born

18 Sep 1876

mar.

10 Aug 1899 Dorothy Ellis (d. 3 Aug 1944), 5th dau. of Maj Gen Sir Arthur Edward Augustus Ellis GCVO CSI (by his wife Hon Mina Frances Labouchere, 2nd dau. and cohrss. by his first wife of Henry [Labouchere], 1st Baron Taunton), 2nd son of Lt Col Augustus Frederick Ellis MP (by his wife Mary Frances Thurlow Cunynghame, dau. by his second wife of Sir David Cunynghame, 5th Bt.), 2nd son by his first wife of Charles Rose [Ellis], 1st Baron Seaford

died

4 Mar 1934

suc. by

son

Charles John Halswell [Kemeys-Tynte], 9th Baron Wharton

born

12 Jan 1908

mar.

1 Sep 1967 Joanna Russell (widow of Frederick Charles John [Morgan], 6th Baron Tredegar;  former wife of Cmdr Archibald Boyd Russell DSO RN;  mar. (4) 1971 Bruce Yorke), only dau. of Walter Henry Law-Smith, of Adelaide, South Australia

died

11 Jul 1969

suc. by

sister

Hon Elizabeth Dorothy Kemeys-Tynte later Arbuthnot later Vintcent, suo jure Baroness Wharton

born

4 May 1906

mar. (1)

17 May 1933 (div. 1946) David George Arbuthnot (mar. (2) 25 Apr 1946 Barbara Margherita Chiappini, dau. of Francis Chiappini, of Wynberg, Cape Town, South Africa;  d. 1985), 1st son of Maj John Bernard Arbuthnot MVO, by his wife Olive Blake, only dau. of Sir Henry Arthur Blake GCMG

mar. (2)

1946 (div. 1958) St John Vintcent

died

4 May 1974

On her death the Barony of Wharton fell into abeyance between her two daughters by her first husband:  (1) Hon Myrtle Olive Felix Arbuthnot, wife of Henry MacLeod Robertson;  and (2) Hon Caroline Elizabeth Arbuthnot, wife of Capt Jonathan Cecil Appleyard-List CBE RN.  The abeyance was terminated on 4 Apr 1990 in favour of:

Hon Myrtle Olive Felix Arbuthnot later Robertson, suo jure Baroness Wharton

born

20 Feb 1934

mar.

17 Nov 1958 Henry Macleod Robertson (d. 17 Jan 1996), son of Henry Robertson, of Elgin, co. Moray

children

1. Hon Myles Christopher David Robertson, later 12th Baron Wharton

2. Hon Christopher James Robertson (b. 24 Dec 1969)

3. Hon Nicholas Charles Robertson (b. 24 Dec 1969)

1. Hon Patricia Lesley Robertson (b. 26 Mar 1966)

died

15 May 2000

suc. by

son

Myles Christopher David [Robertson], 12th Baron Wharton

born

1 Oct 1964

mar.

11 May 2003 Barbara Marshall, dau. of ..... Marshall

only child

1. Hon Meghan Robertson (b. 8 Mar 2006)

Last updated 14 May 2006

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Title:

12th Baron Wharton

(England, writ sum. 30 Jan 1544/5)

Address:

9 Gipsy Lane, London SW15

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