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 1916 by writ 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 title Baron Wharton was created in 1544 by letters patent 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. Because of its creation by letters patent, the Barony could only be passed down to male heirs.
The 5th Baron had a long and distinguished political career, serving at various times as a Member of Parliament, Lord Lieutenant of Oxford and Buckingham, Lord Lieutenant of Ireland and Lord Privy Seal. He was created Earl of Wharton, in the County of Westmorland, and Viscount Winchendon, of Winchendon in the County of Buckingham, in 1706, in the Peerage of England, and in 1715 was further created Marquess of Wharton, in the County of Westmorland, and Marquess of Malmesbury, in the County of Wilts, in the Peerage of Great Britain. Later that year, he was also created Marquess of Catherlough, Earl of Rathfarnham, in the County of Dublin, and Baron Trim, in the County of Meath, in the Peerage of Ireland.