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THE LORDS OLIPHANT. lxiii
up in 1602, we find the fifth Lord thus described : — " The Lord Oliphant, callit
Oliphant, Catholique, of good expectation." We have no reason to doubt the truth
of the first part of this description, though the last was certainly not realized. He
was served heir to his grandfather in 1604, but his creed debarred him from taking
the seat in Parliament so long occupied by his ancestors.
A writer of the 17th century says: — "The nobility of Scotland was not created
by patents as now, but the old way of creation was by some extrinsic solemnity or rite
such as girding them with a belt in public Parliament or other public assembly, or
by listing them in public rolls by the titles conferred upon them, or by designing
them so in the public charters and evidents of their lands; and which, not being
always in the custody of the noblemen concerned, many controversies arose for pre-
cedency and priority of places and votes in Parliament." 1 In order to settle the
many disputes about precedency which had arisen, a Commission was appointed
under the Great Seal in 1606, to examine the evidences produced by the Peers and
rank them accordingly. Lord Oliphant came between Lord Maxwell and Lord
Lovat, and his evidents are thus recorded: —
"LORD OLIPHANT.
Produced a charter given be King Robert the Bruce of the lands of Kilpirnie, Newtyle.
Ochtertyre, to William Oliphant of Aberdalgie, dated 12° anno regni sui.
" Item, a charter given be King David in these words (dilecto et fideli nostra Waltero
Oliphant, pro bono servicio suo nobis impenso et Elizabeths sorori nostra) of the lands of
Duplin and Aberdalgie, dated anno 1364.
" Item, a confirmation of all former charters granted be King Robert the 2nd Stewart,
dated apud Edinburgum, 10th Decembris anno regni nostri 18, anno 1388.
" Item, a charter in English of the lands of Cranshawes, wherein he is called Walter,
Lord of Aberdalgie, dated anno 1412.
" Item, a retour Joannis Oliphant Domini de Aberdalgie, wherein he serves himself
air avo suo, dated at Dunbar anno 1445.
" EX REGISTRO.
" A sasing of the lands and mannor place of Ochterhous, dated anno 1456, James 2nd
his dayes. He is witness in a charter penult October anno 1458, King James 2nd his
dayes.
" A charter of the lands of Brodland, anno 1462. He is Lord in Parliament, anno
1457 and 1467." 2
Immediately after his grandfather's death, the enmity that had arisen between
the young Lord Oliphant and his uncle John, styled the Master of Oliphant, was
1 Maitland Miscellany, de Jure Prelationis 2 Maitland Miscellany, i., 3S0.
Xobilium Scotire, i., 353.

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