The principle of law, that a Peerage of Scotland of unknown origin shall be presumed to be limited to the heirs male of the body of the Grantee, had not been established by a decision or otherwise in the seventeenth Century; and Laurence Oliphant, 5th Lord Oliphant, having no son but having a daughter Anne who became the wife of Sir James I Douglas of Mordington, by a Procuratory of Resignation resigned his Peerage in favour of Patrick Oliphant his heir male, desiring to ensure the continuance of his Dignity in the male line of his family. However, his intended destination was not processed as would have been usual by the King and no regrant followed upon it. Lord Oliphant died before the year 1631.