Lady Jane Wharton (1706–1761), considered ''de jure'' 7th Baroness Wharton, was the daughter of

Thomas Wharton, 1st Marquess of Wharton Thomas Wharton, 1st Marquess of Wharton PC (August 1648 – 12 April 1715) was an English nobleman and politician. A man of great charm and political ability, he was also notorious for his debauched lifestyle. Background He was the son o ...

by his second wife Lucy Loftus, and sister of

Philip Wharton, 1st Duke of Wharton Philip Wharton, 1st Duke of Wharton (21 December 1698 – 31 May 1731) was a powerful Jacobite politician, was one of the few people in English history, and the first since the 15th century, to have been raised to a dukedom whilst still a minor ...

. Lady Jane married first John Holt (d.1728), a nephew of

Sir John Holt Sir John Holt (23 December 1642 – 5 March 1710) was an English lawyer who served as Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the prosecution of witches in Eng ...

. She married secondly in 1733 Robert Coke, of the family of Sir

Edward Coke Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sa ...

, and Vice-Chamberlain to Queen Caroline. She died without issue from either marriage. On the death of her brother

Philip Philip, also Phillip, is a male given name, derived from the Greek (''Philippos'', lit. "horse-loving" or "fond of horses"), from a compound of (''philos'', "dear", "loved", "loving") and (''hippos'', "horse"). Prominent Philips who popularize ...

in 1731, the family peerages, including Marquess and Duke of Wharton, became extinct. After the death of her sister Lady Lucy Morice, Lady Jane was the only surviving heir of the 1st Marquess of Wharton, until her death without issue.

Wharton barony revived

In 1844, the extinct title

Baron Wharton Baron Wharton is a title in the Peerage of England, originally granted by letters patent to the heirs male of the 1st Baron, which was forfeited in 1729 when the last male-line heir was declared an outlaw. The Barony was erroneously revived in 1 ...

was claimed by Colonel Charles Kemeys-Tynte, formerly a member of parliament from 1820 to 1837. The documents that had created that peerage in 1544 had been lost, so the

House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...

Committee for Privileges The Committee for Privileges and Conduct was a select committee of the House of Lords in the Parliament of the United Kingdom which considered issues relating to the privileges of the House of Lords and its members, as well as having oversight fo ...

ruled (erroneously) that the barony had been created by writ, meaning that it would descend to heirs general. By this application of the succession, it was ruled that Lady Jane Coke had been Baroness Wharton in her own right, from her sister's death in 1739 to her own death. Colonel Kemeys-Tynte's claim came from his descent from Lady Jane's grandfather the 4th Baron, as after Jane's death the succession would be divided among his daughters' descendants, including Kemeys-Tynte. The House of Lords did not act upon the barony (which it now considered to be in

abeyance Abeyance (from the Old French ''abeance'' meaning "gaping") is 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. ...

) due to the Duke of Wharton's status as an outlaw, but in 1916 Colonel Kemeys-Tynte's great-great-grandson, also named Charles Kemeys-Tynte, succeeded in having the title called out of abeyance in his favour. Because the Duke of Wharton was the 6th Baron Wharton and Lady Jane Coke was considered to have held the barony after him, the new Lord Wharton was counted as the 8th Baron. As the succession of the title between 1731 and 1916 is based on different rules than the (lost) ones actually implemented in 1544, he may be more properly considered the 1st Baron of a new creation given the precedence of 1544, but the so-called 7th Baroness is the only intervening person considered to have held the title at all.

Wharton barony revived

Further reading