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Oliphant, Lord (S, 1464 - 1748)

 

Creation: let.pat. bef. 13 Jan 1463/4 - resigned c. 1630 - re-creation 2 Jun 1633

 

Extinct: 18 or 19 Apr 1748

 

Family name: Oliphant

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Arms:

Gules three Crescents Argent

Crest:

An Unicorn's Head couped Argent armed and maned Or

Supporters:

On either side an Elephant proper

Motto:

 A Tout Povoir

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Laurence [Oliphant], 1st Lord Oliphant

1st son and heir of Sir John Oliphant, of Aberdalgie, co. Perth, by his wife Margaret Ogilvy, dau. of Patrick Ogilvy of Auchterhouse

born

 

mar. (1)

bef. 20 May 1742 Lady Isabel Hay, 3rd dau. of William [Hay], 1st Earl of Erroll, by his wife Lady Beatrix Douglas, 2nd dau. of James [Douglas], 7th Earl of Douglas and 1st Earl of Avondale, by his wife and great-niece Lady Beatrix Sinclair, only dau. of Henry [Sinclair], 2nd Earl of Orkney, by his wife Egidia Douglas, dau. and hrss. of Sir William Douglas of Nithsdale (by his wife Lady Egidia Stewart, 2nd dau. by his second wife of Robert II, King of Scotland), illegit. son of Archibald [Douglas], 3rd Earl of Douglas

children by first wife

1. John Oliphant, later 2nd Lord Oliphant

2. William Oliphant of Berriedale (d. c. 1508), mar. c. 1489 Christian Sutherland (mar. (2) Sir Thomas Lundin of Pratis), dau. and heir of line of Alexander Sutherland of Duffus, and had issue

3. Laurence Oliphant, Abbot of Inchaffray (d. at the Battle of Flodden 9 Sep 1513)

4. George Oliphant of Balmakcorne (d. unm. bef. 24 Jan 1527/8)

1. Margaret Oliphant, mar. Sir John Elphinstone of Airth, and had issue

mar. (2)

Elizabeth Cuninghame (mar. (2) Sir John Elphinstone of Airth), dau. of Sir Humphrey Cuninghame of Glengarnock

died

betw. 1 Feb 1498/9 and 8 Apr 1500

created

bef. 13 Jan 1463/4 Lord Oliphant

suc. by

son by first wife

note

 

 

John [Oliphant], 2nd Lord Oliphant

born

mar.

bef. 10 Oct 1493 Lady Elizabeth Campbell (d. after 18 Nov 1516), 4th dau. of Colin [Campbell], 1st Earl of Argyll, by his wife Isabel Stewart, 1st dau. and cohrss. of John [Stewart], 2nd Lord Lorne

children

1. John Oliphant, Master of Oliphant (dvp. bef. 1 Mar 1504/5)

2. Colin Oliphant, Master of Oliphant 1505-13 (k. vp. at the Battle of Flodden 9 Sep 1513), mar. bef. 1 Mar 1504/5 Lady Elizabeth Keith (mar. (2) after 17 Apr 1524 as his 1st wife William [Sinclair], 4th Lord Sinclair), 2nd dau. of William [Keith], 2nd Earl Marischal, by his wife Lady Elizabeth Gordon, 3rd dau. of George [Gordon], 2nd Earl of Huntly, by his second wife  Lady Annabel Stewart (former wife of Louis of Savoy, Count of Geneva), 6th dau. of James I, King of Scotland, by his wife Lady Joan Beaufort, 1st dau. of John [Beaufort], 1st Earl of Somerset, and had issue:

1a. Laurence Oliphant, later 3rd Lord Oliphant

2a. William Oliphant of Newton, mar. his second cousin Margaret Oliphant, 2nd dau. and cohrss. of Andrew Oliphant of Berriedale, and had issue

3. John Oliphant, burgess of Perth 1531, mar. Margaret Swinton, and had issue

died

betw. 12 Apr and 18 Nov 1516

suc. by

grandson

note

 

 

Laurence [Oliphant], 3rd Lord Oliphant

born

mar.

bef. 10 Jul 1525 Margaret Bruce (widow of Robert Bruce of Auchinbowie, a burgess of Stirling in 1506 and 1508), 2nd dau. of Sir James Sandlilands of Calder, by his second wife Margaret Ker, only dau. of Andrew Kerr of Altonburn and Cessford, by his first wife ..... Douglas, dau. of William Douglas of Cavers

children

1. Hon Laurence Oliphant, later 4th Lord Oliphant

2. Hon Peter Oliphant of Turin (d. 24 Oct 1594), mar. (1) Jean Ross (widow of Thomas Ross of Craigie), illegit. dau. of Patrick Hepburn, Bishop of Moray, and (2) Agnes Rollok (widow of James Rollok of Duncrub), dau. of ..... Collace, and had issue by his first wife

3. Hon William Oliphant of Arniston (dsp. legit.)

1. Hon Katherine Oliphant (d. 12 Dec 1602), mar. (1) aft. 8 Jul 1551 Sir Alexander Oliphant of Kellie, and (2) George Dundas of that Ilk, and had issue by both husbands

2. Hon Margaret Oliphant (d. 17 Aug 1580), mar. (1) aft. 13 May 1553 William Moray of Abercairney, (2) James Clephane of Hilcairnie, and (3) Ninian Bonar of Keltie, and had issue by her second husband

3. Hon Jean Oliphant, mar. aft. 1 May 1550 William Moncreiff of that Ilk, and had issue

4. Hon Lilias Oliphant (d. bef. 7 Sep 1588), mar. aft. 20 Apr 1561 David Lundie of Balgonie, and had issue

died

29 Mar 1566

suc. by

son

note

 

 

Laurence [Oliphant], 4th Lord Oliphant

born

c. 1527

mar.

after 11 May 1551 Lady Margaret Hay (d. betw. 21 Nov 1587 and 9 Feb 1593/4), 2nd dau. of George [Hay], 7th Earl of Erroll, by his first wife Margaret Innes, widow of Thomas Innes of Elrick, and dau. of Alexander Robertson of Struan, 5th Chief of Clan Donnachaidh, by his wife Lady Isabel Stewart, 6th dau. of John [Stewart], 1st Earl of Atholl

children

1. Hon Laurence Oliphant, Master of Oliphant (dvp. c. 1585), mar. after 17 Feb 1575/6 Lady Christian Douglas (mar. (2) 9 Jan 1585/6 as his first wife Alexander [Home], 1st Earl of Home), 2nd dau. of William [Douglas], 6th Earl of Morton, by his wife Lady Agnes Leslie, 2nd dau. by his third wife of George [Leslie], 4th Earl of Rothes, and had issue:

1a. Laurence Oliphant, later 5th Lord Oliphant

1a. Hon Anne Oliphant, mar. aft. 4 Jul 1599 John [Lindsay], 8th Lord Lindsay of the Byres, and had issue

2. Hon John Oliphant of Newtyle, Master of Oliphant 1593-1603 (d. 1603), mar. aft. 20 Oct 1592 Hon Lilias Tyrie (widow of David Tyrie of Drumkilbo) , 9th dau. of Patrick [Gray], 4th Lord Gray, by his wife Hon Marion Ogilvy, 2nd dau. of James [Ogilvy], 4th Lord Ogilvy of Airlie, and had issue:

1a. Patrick Oliphant, later 6th or 1st Lord Oliphant

2a. John Oliphant (d. bef. 28 Mar 1616)

3. Hon William Oliphant of Gask (d. May 1603), mar. Katherine Broun, dau. of John Broun of Fordell, and had issue

1. Hon Elizabeth Oliphant, mar. (1) 12 Apr 1585 William [Douglas], 10th Earl of Angus, and (2) bef. 1619 James Hamilton, and had issue by her first husband

2. Hon Jean Oliphant, mar. aft. 15 Dec 1586 Alexander Bruce of Cultmalundie, and had issue

3. Hon Eupheme Oliphant, mar. James Johnston of Westerhall

died

16 Jan 1592/3 (bur. at Aldwick, co. Caithness)

suc. by

grandson

note

 

 

Laurence [Oliphant], 5th Lord Oliphant

born

25 Mar 1583

mar.

29 Oct 1603 Hon Lilias Drummond (d. aft. 23 Jan 1636), 1st dau. of James [Drummond], 1st Lord Maderty, by his wife Jean Chisholm, dau. of Sir James Chisholm of Cromlix

only child

1. Hon Anne Oliphant, mar. 1624 her cousin James [Douglas], 1st Lord Mordington, and had issue

died

s.p.m. bef. Oct 1630

note

during his minority he was under the care of his maternal grandfather, William [Douglas], 6th Earl of Morton; had a licence to travel abroad for five years 1598; he was a spendthrift, dissipating the family estates: Muirhouse was sold in 1605, the Caithness estates and Glensaugh in 1606, Gallery in 1609, Turin in 1611, Kellie in 1613, Newtyle and Auchtertyre in 1617, and the Strathearn estates in 1625 and 1626 (Gask alone, having been acquired by an Oliphant of a cadet branch, remained with the family until 1908); he took little part in public life, but his feuds and debts bulk largely in the Register of the Privy Council: he was committed to jail in Edinburgh Castle for an assault on Sir John Wood of Balbegno in 1616/7 and the same year he made a treacherous and murderous attack on his cousin and eventual successor, Patrick Oliphant, at Dupplin Castle; despite this he endeavoured to make his cousin his successor in preference to his daughter and sometime before his death he "executed a procuratory of resignation of his honours in favour of Patrick Oliphant, his collateral heir male"

 

After the death of the 5th Lord Oliphant there was a dispute between his daughter, Hon Anne Douglas, the heir-of-line, and his cousin, Patrick Oliphant, the heir male, as to which of them was entitled to the Lordship of Oliphant. The case came before the Lords of Session, who, on 11 Jul 1633, the King being present in court, decided that late Lord Oliphant, having made resignation of the dignity in favour of the heir-male, had thereby barred the claim of the heir-of-line, and that as no regrant had followed the resignation, the title remained in the King's hands, to be disposed of at his pleasure. This is one of the recognised leading cases of Scottish Peerage law. Meanwhile Patrick Oliphant, the heir-male, had on 2 Jun previous obtained a new patent (not sealed until the day after the Court's decision), creating him and the heirs-male of his body Lords Oliphant 'post datam presentium tantum.' These last words seem to have been understood as depriving him of the original Oliphant precedence (which was afterwards assigned to the husband of the heir-of-line when he was created Lord Mordington on 14 Nov 1641), but not as constituting his Peerage a mere new creation of 1633 - in the Union Roll and elsewhere Lord Oliphant is ranked three places only below Lord Mordington.

 

Patrick [Oliphant], 1st Lord Oliphant

born

mar. (1)

bef. 25 Apr 1620 Elizabeth Hay (widow of Peter Hay of Megginch; dspm. bef. 19 Feb 1634), dau. of Patrick Cheyne of Esslemont

only child by first wife

1. Hon Lilias Oliphant (d. Jan 1669), mar. aft. 19 Feb 1634 Sir Laurence Oliphant of Gask, and had issue

mar. (2)

in or before 1638 Margaret Gordon (widow of James Gordon of Leamoir), only dau. of Gilbert Menzies of Pitfoddels

only child by second wife

2. Hon Margaret Oliphant (b. 1638 or 1639; d. aft. 1664), mar. (1) aft. 9 Jun 1655 Francis Menzies of Balgownie (d. Apr 1663), and (2) bef. 19 Jul 1664 Richard Irvine of Cairnfield, son of John Irvine of Artamford, and had issue by her second husband

mar. (3)

about 26 Dec 1643 Mary Crichton (d. aft. 31 Mar 1676), sister of James [Crichton], 1st Viscount of Frendraught, and 3rd dau. of James Crichton of Frendraught, by his wife Lady Elizabeth Gordon, 2nd dau. of John [Gordon], 13th Earl of Sutherland

children by third wife

1. Hon Charles Oliphant, later 2nd Lord Oliphant

2. Hon Laurence Oliphant, a lieutenant in the Scots Guards 1688 (dsp. Dec 1688), mar. his cousin Hon Magdalen Crichton (d. 1 Apr 1738), 1st dau. of James [Crichton], 1st Viscount of Frendraught, by his second wife Marion Irvine, dau. of Sir Alexander Irvine of Drum

3. Hon William Oliphant, later 4th Lord Oliphant

4. Capt Hon Francis Oliphant (b. c. 1661; d. Sep 1708), mar. aft. 19 Nov 1689 Mary Riddell (b. c. 1672; d. in or bef. 1712), dau. of Jane Riddell, widow, and had issue:

1a. William Oliphant, a ship owner's apprentice (d. bef. 1721)

2a. Francis Oliphant, later 5th Lord Oliphant

1a. Mary Oliphant (d. 28 Jan 1738/9)

3. Hon Elizabeth Oliphant, mar. Walter Stewart of Outlaw, 2nd son of Thomas Stewart of Ryland, and had issue

4. Hon Anne Oliphant (d. aft. 16 Jun 1668)

died

betw. 16 Jun 1668 and 16 Oct 1674

created

2 Jun 1633 Lord Oliphant

suc. by

son by third wife

note

 

 

Charles [Oliphant], 2nd Lord Oliphant

born

mar.

aft. 17 Oct 1678 Mary Meldrum (widow of Peter Meldrum of Leathers; d. bef. 14 Jan 1702), dau. and hrss. of John Ogilvy of Miltown Keith

children

1. Hon Patrick Oliphant, later 3rd Lord Oliphant

2. Hon James Oliphant (d. bef. 1721)

died

betw. 11 Apr and 2 May 1706

suc. by

son

note

 

 

Patrick [Oliphant], 3rd Lord Oliphant

born

died

14 Jan 1720/1

suc. by

uncle

note

 

 

William [Oliphant], 4th Lord Oliphant

born

mar.

Marie Magdeleine de l'Eglise (widow of Capt Louis Francois de l'Eglise), sister or dau. of Pieter Emmanuel Elinga, Lord of Zuydelynde, First Bailiff of the Waters and Fisheries of the Province of Flanders

children

1. A son (dvp. young)

1. Hon Marie Jean-Baptiste Oliphant, mar. 19 Nov 1710 Louis Grenolias, Sieur de Cournou, and had issue

died

27 Dec 1728

suc. by

nephew

note

 

 

Francis [Oliphant], 5th Lord Oliphant

born

c. 1715

mar.

18 Jan 1746/7 Mary Linley (d. aft. 1 Aug 1748), dau. of ..... Linley, of York

died

18 or 19 Apr 1748 (bur. at Islington, co. Middlesex)

 

On the death of the 5th Lord Oliphant the Lordship of Oliphant conferred 1633 in tail male on his grandfather became extinct. Following his death William Oliphant, a descendant of Peter Oliphant of Turin, second son of Laurence [Oliphant], 3rd Lord Oliphant, claimed to be Lord Oliphant and even voted at the election of Scottish Representative Peers in 1750, despite the 1633 decision of the Courts of Session. Following his death in 1751, his kinsman Laurence Oliphant of Gask, a descendant of William Oliphant of Newton, brother of Laurence [Oliphant], 3rd Lord Oliphant, claimed the title, but this time it was the 1633 creation he claimed, relying on the procuratory of resignation of his honours to the Crown by Patrick [Oliphant], 3rd Lord Oliphant, in 1711. However, this was never completed. Laurence Oliphant of Gask was created Lord Oliphant by the titular King James III by patent dated 14 Jul 1760, with a special remainder, failing heirs male of his body, to those of his father, and with the precedency of the Lordship of Oliphant granted by King Charles I in 1633. The grantee, however, resolved not to assume the title until the Stuarts were restored.

 

 First written 13 Jul 2012

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