INFORMATION For the Moderator of the Presbytry of Glasgow and the Agent for the Kirk, Against The Titulars and Tacksmen of the Teinds within the Paroch of Calder, and the Heretors of the said Paroch for their Interests.  
THE Paroch of Calder being a part of the Subdeanery of Glasgow, the Teinds of the hail Subdeanry did formerly belong to the Duke and Duchess of Hamiltoun, and were purchased by the College of Glasgow, from the saids Duke and Duchess about the year 1656.  
Before the College purchased these Teinds, there had been Application made to the Presbytery of Glasgow, by the Heretors of the said Paroch of Calder, for a Visitation and Perambulation of the Paroch, in order to the Erection of a new Kirk. And accordingly the Paroch being duly Perembulat by the Ministers Commissionat from the Presbytery upon their Report that the Paroch was so large, and the People so numerous therein, (being above 1500 Communicants,) and the way so impassable in the time of any wet Wether, there was no possibility to travel to the Church, the Presbytry found an absolute necessity of a new Erection, and seriously recommended the perfecting of the same to the civil Judicatory, as their Act thereupon dated the 27th of June 1649, lying in Process bears.  
The prosecuting of this new Erection, according to the appointment of the Presbytry, being obstructed by the troubles of these times, how soon soever the Country came to any Settlement, this Erection was so obviously necessary, that in anno 1656, the Presbytry of Glasgow did again Perambulat the said Paroch by Mr. John carstair's, Mr. Patrick Gillespie then Principal of the College of Glasgow, with other Ministers, who, after much pains and diligence, for the space of two whole Days, did Perambulat the same, and found the said Erection necessary, & reported the same to the Presbytry, who approved thereof, and recommended the same to the civil Judicatory, for establishing & perfecting thereof, in the same manner as it had been done, in anno 1649. And for an evidence of their Zeal and Pains in that matter, did set down the place where it was fittest the new Church should be built, and expressed every particular Room whereof the new Paroch should consist, as the Act of the Presbytry lying in Process will testify.  
No sooner was the Government of the Church restored against the Usurpation of Episcopacy, but as soon the Presbytry of Glasgow became convinced of the benefit and necessity of what that Presbytry had done in order to a new Erection at Calder, in the years 1649, and 1656, which good design of theirs had not been hindered, but by the Troubles, first in the State, and then in the Church; wherefore, the Presbytery having seen and considered both these Acts, did ratify the same, and recommend the new Erection to the Commission of Plantation of Kirks, to be accomplished and perfected according to Law, as their Act dated in anno 1697 lying in Process bears.  
In proscecution of their several Acts and Recommendations from the Presbytry, there is Summons raised before the Commission for Plantation of Kirks, for erecting the new Church within the Paroch of Calder, and modifying a Stipend for the same, whereupon the Lords and others of that Commission having appointed a Perambulation of that Paroch of Calder, by some of their own Number, who having made Report of the foresaid Perambulation, finding a new Erection absolutely necessary, both for the Minister's sake and the People, the same is now about to be advised.  
At the Perambulation, made by Warrant of the Commission, Mr. John Law one of the Regent's of Glasgow, having compeared in name of that College, did Object against the Perambulation, and pretend, that the Teinds of that Paroch, being a Fond for a Profession of Theology within the said College of Glasgow, could not be diverted or applied to any other use, to the prejudice of the College; and therefore, at the advising the Report, it is like Compearance may be made for the College, and the same Pretences pled, to hinder the new Erection.  
To which it is answered for the Pursuers, 

1. That the College Right being the same now that it was in anno 1656, and the Principal of the College upon that Perambulation having found a new Erection necessary, and subscribed his consent thereto, it is hoped neither the College, nor the present Members thereof, will come short of, nor so far condemn the Zeal of so faithful and pious a Minister, and their own Precedessor the then Principal, as to oppose the said Erection.  
2. Their Teinds being no part of the original Foundation of the College, nor mortified them as a part of their Revenue, but purchased from the Duke of Hamilton for a price, they can be in no other case then other singular Successors could have been. And therefore, as it would never have been controverted, that if the Teinds had remained with the Duke of Hamilton, they would have been liable for this new Erection, so they must be liable in like manner when acquired by any singular Successor; and the Case is the same as to Teinds, being liable to the Stipend of the Church, as it is to Lands for payment of his Majesty's Cess and Public Burdens; for as mortified Lands are free, yet Lands acquired by Hospitals or Colleges, are still liable as the Lands of any other Heretor, and so as the College of Glasgow would be liable for the Cess and Public Burders of Lands, if they acquired, so they must likewise be liable for a Stipend, and Augmentations, as a natural and unseperable Burden upon them, by whomsoever they be acquired, because, originally debentur parocho, and so by transmission of Rights can be deprived of a suitable Maintenance out of them.  
3. This was so far understood to be the intention and meaning of Parties, both Buyer and Seller, the time of this Purchase, that it will not be denied, but the Disposition made by the Duke of Hamilton in favours of the College, was expressly burdened with new Erections and Augmentations, and the College having acquired them in that manner, can never plead to be exempted from that Burden by any voluntar Deed of their own afterward, whether by a voluntar Resignation in his Majesty's Hands or otherwise, but notwithstanding thereof these purchased Teinds must still remain subject to the Burdens natural to them, and by express Paction and Condition entailled upon them by the Disposition.    
As to the pretence that their Teinds are the Fond for a Salary to the Professor of Theology in the College of Glasgow.  
It is answered, 

1. That there was a Professor of Theology established and duly provided, for in that College long before the year 1656; And therefore that Provision could never be inverted to any other use, to derive the Burden of a Professor upon their Teinds, which could never be liable thereto in the manner they were acquired in prejudice of a new Erection and competent Provision for a Minister.  
2. Not only was the Professor of Divinity duly provided for by the Constitution of the College, but the Teinds of the Paroch of Govan were gifted by his Majesty in favours of the principal of that College, as a Salary for his being a Professor of Divinity therein: And therefore seeing competent Provision was made for two Professors besides their Teinds; That pretence can never be sustained to hinder this new Erection.  
3. Besides the two Provisions for Professors of Theology , his Majesty hath been pleased to bestow 100 lib. S●erling yearly out of the Bishop's Rents for that very end and use; And therefore, since there is a three fold Provision without any burden to their Teinds; It's hoped the Lords of the Commission will not hinder this Erection upon pretence of a fourth superfluous and unnecessary Provision in favours of one single Professor, who by his Principals cannot own the Plurality of Benefices.  
4. Et separatim, The Sub Deanery of Glasgow whereof the Parish of Calder is a part, is a Benefice that consists of near to 50 Chalder of Victual yearly of Parsonadge Teinds, besides a Grassom of 12000 Marks payable by the Heretors to the College every 19 years, when their Tacks expires; And likeways besides the Viccardge Teinds which properly did belong to the Minister of Calder as Vicar to the Subdean; So that when 24 Chalders of Victual are paid to the three present Incumbents of the Subdeanry, and although eight Chalders are granted to this new Erection, which is desired, yet there remains 18 Chalders Victual, whereof allowing 12 to a Professor there remains still 6 to the College, so that the Professor of Theology is no ways prejudged by this new Erection.  
5. The College themselves are so little sensible of the want of a Fond wherewith to maintain their Professor, that since their Summons were intented, that they have given 1200 Marks yearly to two new Professors, viz. the one of History and the other of Mathematics; So that the College cannot pretend neither the want of a Fond for a Professor of Theology, nor so much Poverty as they plead.    
As it is evident from the above Reasons, that there is no difference as to the Teinds of Calder betwixt the College and any other Titular and by the Perambuation 1656, lying in Process, that Mr. Gillaspie then Principal acquiesced to this new Erection; So Mr. Dunlop the present Principal at a meeting of the Presbytery having proponed his Objections, and received satisfactory Answers thereto that he was fully convinced of the necessity of a new Erection in that Parish, that the Pursuers are confident, that he will not mar, obstruct or Divert so good and pious a Work; And there can no pretence of the least Inconveniency from this Erection be alleged by the College as an encouragement for other Parishes to seek the same, For as to any of the other five parochs where they have Right to the Teinds, that there are four of them so small that they are incapable of a new Erection, and the fifth is not a Parish of so many Communicants as to need two Kirks, not being so many be 5 or 600 as the Parish of Calder, and beside these Teinds belong to the College by another manner of Right, viz. Mortifications and other Rights.  
In Respect whereof the Report ought to be advised, and the Kirk erected, and a Stipend modified in the Terms of the Lybel.