Elphinstone family book of the Lords Elphinstone, Balmerino and Coupar > Memoirs

HIS ATTENDANCES IN PARLIAMENT. 83
technical ground that at the trial only twelve persons had sat on the inquest,
the law and practice being that all inquests ought to have an odd number. 1
The marriage of Euphemia Elphinstone, sister of Lord Elphinstone, with
John Bruce of Cultmalindie, took place about this time, and the marriage
contract was entered into by Lord Elphinstone on the one part and John
Bruce of Copmalinde on the other. In the contract, which is dated at
Elphinstone, 13th April 1540, it was agreed that the latter should marry
Euphemia Elphinstone, sister to his lordship, in face of holy church, in all
goodly haste, for which Lord Elphinstone should pay him as tocher 400
merks at specified terms. John Bruce was to infeft Euphemia in the less
half of the whole lands of Copmalinde, with the half mill and pertinents,
holding of him and his heirs heritably. If Euphemia obtained the consent
of Lord Boweuns (Buthven), who was lord of the lands, John Bruce was to
infeft her and the heirs of their bodies in the whole lands of Copmalinde with
the mill and pertinents by charter and sasine. Because parties stood in the
fourth and third degrees of affinity to one another, which was an impedi-
ment to the marriage, John Bruce was to purchase a dispensation. 2
Lord Elphinstone attended the parliaments which met at Edinburgh
on 10th December 1540, 3 and again on 14th March 1540-1. 4 He was
also again in parliament on 28th June 1545. 6 His name also appears on
the sederunt of the privy council, which was convened on 30th June 1545. 6
On 20th April 1545 his lordship entered into an agreement with
Mr. Diones Chalmer, by which the latter undertook to resign the sixteen
oxengang of lands of the easter part of Easter Feddalis, and to infeft
1 Original summons, dated at Edinburgh or else the date of cause had been altered to
12th February, 26th year of king's reign the 21st of March.
[153S-9], in Elphinstone charter-chest. Conf. 2 Extract contract of marriage, in Elphin-
Antiquities of the shires of Aberdeen and stone charter-chest.
Banff (Spalding Club), vol. iv. pp. 231-2. 3 Acts of the Parliaments of Scotland,
The decreet of the council printed by the vol. ii. p. 356 a .
Spalding Club is dated (21st March 1538-9). 4 Ibid. p. 368b. 6 Ibid. p. 595b.
This is apparently a mistake for 31st March, c Register of the Privy Council, vol. i. p. 9.