John Dunn Gardner

John Gardner (20 July 1811[1] – 11 January 1903), formerly of Soham Mere and later of Chatteris House, Isle of Ely, in the county of Cambridge, known as John Townshend until 1843 and sometimes styled "Earl of Leicester", was a British Member of Parliament from 1841 to 1847, elected to represent Bodmin as a Conservative. He was also a Justice of the Peace, a Deputy Lieutenant, and High Sheriff of Cambridgeshire and Huntingdonshire in 1859 [2].

He is otherwise notable for the tangled marital history of his mother, the Marchioness Townshend.

Baptised John Townshend on 26 December 1823 at St. George's Bloomsbury,[1][3] he was the eldest surviving son of the brewer John Margetts and the heiress Sarah (née Dunn Gardner), estranged wife of George Townshend, 3rd Marquess Townshend.

All the children of this union were declared illegitimate by a private Act of Parliament in 1843. Dunn Gardner, who had styled himself "Earl of Leicester" (the courtesy title used by the heir apparent to the marquessate of Townshend) before his election to parliament, then assumed his mother's maiden name of Dunn Gardner.

Dunn Gardner died in January 1903, aged 91.

Contents

Sarah, Marchioness Townshend

Sarah and her husband had been married on 12 May 1807, at which time they were known as Lord and Lady Chartley, a courtesy title from his grandfather, the 1st Marquess Townshend. In September 1807, on the death of the 1st Marquess, the couple became the Earl and Countess of Leicester (also by courtesy). They separated a few months later, in May 1808, and she filed an ecclesiastical suit for annulment, alleging non-consummation. While the suit was still pending, Lady Leicester eloped with John Margetts, a brewer, and married him in a bigamous ceremony at Gretna Green in October 1809. Her first marriage was never dissolved, which became a legal problem for the succession of the Townshend peerage. In 1811 her legal husband became the 3rd Marquess Townshend, but after leaving him, she did not use his name for over a decade, calling herself Mrs. Margetts; and Margetts gave his name to their children. Sarah survived both Margetts (d. 1842) and Marquess Townshend (who died abroad in December 1855), remarrying a few weeks after her legal widowhood to James Lairder on 10 January 1856, and died on 11 September 1858.[3][4]

Settling of the grandfather's estate in 1831

In August 1831, her father William Dunn-Gardner, formerly Dunn, Esq., of Chatteris House (d. 10 November 1831) devised the estate of Soham Mere, bought with the funds originally settled on his daughter and her husband, to his eldest natural grandson John Dunn Gardner, described in 1863 as a stranger in blood under the law.[5] However, at the time (1831), John Dunn Gardner was his legitimate grandson, as the son born to his daughter within wedlock (albeit not by her husband). William Dunn-Gardner apparently devised the estate by name to ensure that his grandson would not be disinherited by any future legal steps taken by the Townshend family, which in fact happened in 1842.

Soham Mere was given to the second brother William Dunn-Gardner, of Fordham Abbey, and descended in the family until 1974 when it was sold to the present owner.[6]

Formal Bastardization in 1843

Sarah, Lady Townshend, and John Margetts had several children who bore their father's name until 26 December 1823, when there was a wholesale christening under the Townshend name,[1] but they were all declared illegitimate by a private Act of Parliament brought in 1842 and passed the next year.[1][7][8][9] (One child, being a minor and having no legal guardian, was exempted from the act's provisions,[8][9] but was similarly excluded from succession to the peerage by a second private bill as soon as he came of age.[10]) The eldest son, John, is the subject of this article. In 1843 (after the Act of Parliament declaring him illegitimate was passed) he assumed his mother's surname of Dunn Gardner.[11]

Family

The Dunn-Gardners were descended via William Dunn-Gardner, originally Dunn (d. 1831) and his wife Jane Gardner, heiress of Chatteris House (d. 1839), who married in 1783 and had an only surviving daughter Sarah Gardner, Marchioness of Townshend (d. 11 September 1858), who died as Mrs James Lairder. Jane Gardner was herself the only surviving child and heir of her father John Gardner, Esq., of Chatteris House[12] (d. 1804), who married his cousin, the daughter and heir of John Marriott, Esq., of Chatteris House by Barbara Johnstone, sister of his mother. When John Gardner died in 1804, his son-in-law was obliged to change his name from Dunn to Dunn-Gardner to inherit Chatteris House and the other Gardner estates. Burke's says that the grandson inherited Chatteris in 1839, after his maternal grandmother Jane had died that year.[13]

Although A Genealogical and Heraldic Dictionary of the Landed Gentry of Great Britain (1862) fails to mention Mr Dunn Gardner's parentage (as the eldest illegitimate son of a brewer John Margetts and his bigamous spouse Sarah Dunn-Gardner, Marchioness Townshend), it credits him with two surviving brothers (William and Cecil) and two sisters:

Marriages and children

Dunn Gardner married twice. His first wife, whom he married in 1847, was Mary Lawson (d. 13 April 1851), elder daughter of Andrew Lawson, of Boro Bridge, Boroughbridge, co York formerly MP for Knaresborough, and granddaughter maternally of the late Sir Thomas Gooch, Bt., of Benacre, co. Suffolk. By her, he had issue, one son and one daughter.[21]

His second wife, whom he married in 1853, was Ada Piggott, daughter of William Pigott, Esq., of Dullingham House, Newmarket, co Cambridge, and granddaughter of Sir George Pigott, Bt., of Knapton, Queen's County. By his second wife, he had further issue, a second son and a second daughter.

Children:

  1. (by 1st wife) Arthur Andrew Cecil Dunn-Gardner, J.P. (b. 8 January 1851), apparently a notable book collector like his father.[22] He married 1890 Rose Lawrie, daughter of Andrew Lawrie.[23] She was apparently the Rose Dunn-Gardner, who was active in 1895 in the Society for Organising Charitable Relief and Repressing Mendicity (formed 1869), known later as Charity Organisation Society (COS).[24]
  1. (by 1st wife) Mary Marianne Mariana, later Mrs William Robinson (b. 1848–1850) md 1870 her stepmother's brother (Christopher) William Robinson (23 January 1830 – 23 June 1889), of Dullingham House, Newmarket, co Cambridge (the house formerly owned or rented by her stepmother's father) and Denston Hall, co. Suffolk; he was son of William Pigott, Esq., of Dullingham House, Newmarket, co Cambridge (see above) by his wife Harriet Jeaffreson. He changed his name twice from Pigott to Jeaffreson to inherit Dullingham House under the terms of his grandfather's will, and then again to Robinson to inherit Denston Hall, Suffolk, from another relative. He died 23 June 1889, apparently leaving no issue.[25]
  2. (by 2nd wife) Algernon Charles Wyndham Dunn-Gardner, of Denston Hall, co Suffolk, and Chatteris (b. 12 December 1853; d. 1929);[26] he married Harriet Compton of the Minstead family of that name, itself a branch of the Marquesses of Northampton.[27] They had issue, one daughter
    1. Miriam Dunn-Gardner (b. 1905; d. after 1977), married by 1934 to H. C. Leader, a racehorse trainer. She sold her manorial rights in Fordham Abbey in 1972. The Abbey itself with about 245 acres (0.99 km2) remaining mostly parkland, was sold between 1933 and 1937.[28]
  3. (by 2nd wife) Ada Marietta Dunn-Gardner

Dunn-Gardner died circa 1904–1905, being still living and residing at 37 Grosvenor Place, London, when Ruvigny compiled the Anne of Exeter volume.[29]

In 1872, John Dunn Gardner was the sixth largest landowner in the county of Cambridge, ranking immediately after the Earl of Hardwicke, the Duke of Bedford, John Walbanke Childers MP, the Duke of Rutland, and William Hall. He was the second largest landowner to be resident principally in Cambridgeshire, and owned 3,676 acres (14.88 km2), or about 0.7% of all land in that county.[30]

References

  1. ^ a b c d e f g h i j k Minutes of Evidence. p. 188. http://books.google.com/books?id=nBFcAAAAQAAJ&pg=RA2-PA188. 
  2. ^ London Gazette: no. 22226. p. 454. 2 February 1859. Retrieved 2008-04-16.
  3. ^ a b "Obituary: The Marquess Townshend". Gentleman's Magazine XLV: 182. February 1856. http://books.google.com/books?id=mYPsJfsh-A4C&pg=PA182&lpg=PA182. 
  4. ^ Cokayne, George Edward, ed (1896). "Marquess Townshend". Complete Peerage (London: George Bell & Sons) 7: 148. http://books.google.com/books?id=Y7IKAAAAYAAJ&pg=PA418. Retrieved 29 March 2011. 
  5. ^ Attorney General vs Gardner, 1863 Hilary Term in The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber edited by Edwin Tyrrell Hurlstone and Francis Joseph Coltman, and published 1863.
  6. ^ Soham - Manors | British History Online
  7. ^ Private Act (Not Printed), 6 & 7 Victoria I, c. 35 (12 July 1843), An Act to declare that certain Persons therein mentioned are not Children of the Most Honourable George Ferrars Marquis Townshend. HL/PO/PB/1/1843/6&7V1n126 .
  8. ^ a b c The Townshend Peerage. p. 294. http://books.google.com/books?id=DzhFAAAAYAAJ&pg=RA1-PA294. 
  9. ^ a b Francois Velde (2007) "Genetically Challenged" Queen message from alt.talk.royalty, posted 30 May 2007. The message says in part:

    "The Townshend peerage case was one where Marquis Townshend (then called Lord Chartley) married Sarah Dunn Gardner in 1807; a year later she left her husband, sued in Ecclesiastical court to have the marriage annulled because of his impotence but dropped the suit and eloped with a brewer of St. Ives. Their children initially bore the brewer's name (Margetts) but from 1823 took the name Townshend, and one took the style of Earl of Leicester. The marquis took no steps to dissolve the marriage, and his brother had no means to dispute the legitimacy of the so-called Earl of Leicester, because no property depended on the title. As time went by and witnesses died off, it seemed the imposture might not be preventable. So the brother and heir presumptive petitioned the House of Lords for inquiry respecting the descent of these honours in May 1842. The next year the marquis himself also petitioned the House.

    Ultimately a private bill was brought "to declare the illegitimacy of certain persons alleged or claiming to be children of the Most Honourable George Ferrars, Marquis Townshend". There was much debate (how could you bastardize the children of a valid and continuing marriage? Was the royal prerogative not infringed? What about ordinary courts?). In the end the bill received royal assent on July 12, 1843 intituled "An Act to declare taht [sic] certain persons therein mentioned are not children of the Most Honourable George Ferrars, Marquis Townshend" (6 & 7 Vict c. 35) and declaring that "the said several children of the said Sarah Gardner, Marchioness Townshend, hereinbefore respectively mentioned, are not nor were, nor shall they or any of them, be taken to be or be deemed the lawful issue of the said George Ferrars Marquis Townshend" (one child, having no legal guardian, was excepted from the provisions). (Based on Frederick Clifford, A History of Private Bill Legislation, 1885, vol. 1 p. 443–450.)"

  10. ^ Private Act (not Printed), 10 & 11 Victoria I, c. 37 (1847), An Act to extend the Relief given by an Act of the Sixth and Seventh Years of the Reign of Her present Majesty, intituled An Act to declare that certain Persons therein mentioned are not Children of the Most Honourable George Ferrars Marquis Townshend. HL/PO/PB/1/1847/10&11V1n132 .
  11. ^ London Gazette (London: Francis Watts) (20250): 2703. 11 August 1843. http://www.london-gazette.co.uk/issues/20250/pages/2703. Retrieved 27 March 2011. 
  12. ^ His grandfather was also described as John Gardner, Esq., of Chatteris by the 1862 Burke's.
  13. ^ A.F. Wareham and A.P.M Wright (2002). 'Fordham: Manors and other estates', A History of the County of Cambridge and the Isle of Ely: Volume 10: Cheveley, Flendish, Staine and Staploe Hundreds (north-eastern Cambridgeshire) (2002), pp. 395–402. Retrieved 13 February 2008.
  14. ^ A.F. Wareham and A.P.M Wright (2002). Ibid.
  15. ^ "Fordham Abbey is the seat of Cyril Dunn-Gardner esq.". He is possibly the same as Captain Francis Cyril Dunn-Gardner or Captain F.C. Dunn Gardner, who was commissioned into the army in 1891, promoted to Lieutenant in 1893, served in the Boer War, and disappeared from Army Lists by 1901, with the note "Removed from Army".
  16. ^ A.F. Wareham and A.P.M Wright (2002). Ibid.
  17. ^ Date of birth listed in the accessions list of the National Archives. His library was partly sold in June 1880; such sales often took place after the death of the collector in question.
  18. ^ The daughters are mentioned in the online blurb for Meriona Campion's Searching for Shadows. Campion (b. 1959), is a great-niece of the duchess, as the youngest daughter of the late Mrs Fay Campion (1929–2002), younger daughter of Lady Serena James. Descent from Lady Serena James per Paul Theroff, retrieved 14 February 2008. The grandmother who told her stories was almost certainly Lady Serena James (1901–2000), younger daughter of (Lucy) Cecilia Dunn-Gardner, herself a granddaughter of Sarah Dunn-Gardner
  19. ^ He was a second cousin of Thomas Gair Ashton, 1st Baron Ashton of Hyde (1855–1933), whose great-grandfather Samuel Ashton (1742–1812) was his great-grandfather as well.
  20. ^ Her son Robin wrote the first account of his great-grandmother Sarah's life. Robin was a close friend of his first cousin Dorothy Wellesley; both were poets, but he was also homosexual while she was bisexual. See blurb for Campion's book.
  21. ^ Ruvigny. The Plantagenet Roll: The Anne of Exeter Volume, p.555 and Burke's Landed Gentry 1862, p. 531.
  22. ^ : A Calendar of the Names of Over 17,000 Men and Women by William Carew Hazlitt (published 1971) lists Cecil (1897), his father John Dunn-Gardner (1854), and a Cyril Dunn-Gardner, apparently son of William Dunn-Gardner, of Fordham Abbey.
  23. ^ Ruvigny. The Plantagenet Roll: The Anne of Exeter Volume, p.555
  24. ^ Robert Whelan, based on research by Barendina Smedley. "Helping the Poor: Friendly visiting, dole charities and dole queues", Civitas: Institute for the Study of Civil Society, London, first published October 2001. Retrieved 13 February 2008. Rose Dunn-Gardner was an advocate for formal training, and published a paper that year, which led to the formation of a Committee on Training, which eventually gave rise by 1903 to a de facto school of social work, now part of the Department of Sociology at the London School of Economics. Rose herself disliked the growing professionalization of social work, and resigned in protest over a paid appointment some years later.
  25. ^ Ruvigny. Ibid. Also see Jeaffreson for many of the details of his birthdate, relationship to his wife's stepmother (his own sister) and his name changes to inherit.
  26. ^ A Dictionary of Suffolk Crests: Heraldic Crests of Suffolk Families by Joan Corder - 1998]
  27. ^ "The History of St. Nichoas Parish Church, Denston", last modified 27 September 2006. Retrieved 13 February 2008
  28. ^ 'Fordham: Manors and other estates', A History of the County of Cambridge and the Isle of Ely: Volume 10: Cheveley, Flendish, Staine and Staploe Hundreds (north-eastern Cambridgeshire) (2002), pp. 395–402. URL: "Fordham: Manors and other estates". Date accessed: 12 February 2008.
  29. ^ His younger son erected a memorial plaque for his father in 1905
  30. ^ Kevin Cahill (2001). Who Owns Britain (and Ireland)

Sources

External links

Parliament of the United Kingdom
Preceded by
Samuel Thomas Spry
Charles Crespigny Vivian
Member of Parliament for Bodmin
1841–1847
With: Charles Crespigny Vivian 1841–1843
Sir Samuel Thomas Spry 1843–1847
Succeeded by
James Wyld
Henry Charles Lacy