It is certain that the heir male did become Lord Oliphant (second creation) because, on 19 October 1669, Lord Rosse protested that the calling of the Lords Elphinstone, Oliphant, Lovat and Borthwick before him should not prejudice him in his right to precedency before them, and on 12 June 1672, Lord Oliphant was present in Parliament as a Lord of Parliament, and sat in the precedency of the former Lords Oliphant. Patrick Oliphant of Newtyle, (afterwards Lord Oliphant,) the heir male, was the son of John Oliphant of Newtyle, the second son of Laurence the seventh Lord Oliphant. The male issue of Patrick Lord Oliphant failed in the person of Francis the fifth (second creation) Lord Oliphant, who died without issue in 1748.