THE Paroch of Calder being a part of the Subdeanery of Glasgow, the Teinds of the haill Subdeanry did formerly belong to the Duke and Dutchess of Hamiltoun, and were purchased by the Colledge of Glasgow, from the saids Duke and Dutchess about the year 1656.

Before the Colledge 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 duely 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 impassible in the time of any wet Weather, 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 Proces 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 Carstairs, Mr. Patrick Gillespie then Principal of the Col­ledge 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 [Page 2]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 Proces will testifie.

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 benefite 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 ratifie 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 Proces bears.

In proscecution of thir several Acts and Recommendations from the Pres­bytry, there is Summonds 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 Ministers sake and the People, the same is now about to be advised.

At the Perambulation, made by Warrand of the Commission, Mr. John Law one of the Regents of Glasgow, having compeared in name of that Colledge, did Object against the Perambulation, and pretend, that the Teinds of that Paroch, being a Fond for a Profession of Theology within the said Colledge of Glas­gow, could not be diverted or applyed to any other use, to the prejudice of the Colledge; and therefore, at the advising the Report, it is like Compea­rance may be made for the Colledge, and the same Pretences pled, to hinder the new Erection.

To which it is answered for the Pursuers,

• 1. That the Colledge Right being the same now that it was in anno 1656, and the Principal of the Colledge up­on that Perambulation having found a new Erection necessary, and subscribed his consent thereto, it is hoped neither the Colledge, 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. Thir Teinds being no part of the original Foundation of the Colledge, 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 contraverted, that if the Teinds had remained with the Duke of Hamilton, they would have been lyable for this new Erection, so they must be lyable in like manner when acquired by any singular Successor; and the Case is the same as to Teinds, being lyable to the Stipend of the Church, as it is to Lands for payment of his Majesties Cess and Publick Burdens; for as mortified Lands are free, yet Lands acquired by Hospitals or Colledges, are still lyable as the Lands of any other Heretor, and so as the Colledge of Glas­gow would be lyable for the Cess and Publick Burders of Lands, if they ac­quired, so they must likewise be lyable 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 [Page 3]can be deprived of a sutable Maintainance 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 denyed, but the Disposition made by the Duke of Hamilton in favours of the Colledge, was expresly bur­dened with new Erections and Augmentations, and the Colledge 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 Majesties 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 thir Teinds are the Fond for a Sallary to the Pro­fessor of Theology in the Colledge of Glasgow.

It is answered,

• 1. That there was a Professor of Theology established and duly provided, for in that Colledge 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 thir Teinds, which could never be lyable 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 Colledge, but the Teinds of the Paroch of Govan were gifted by his Majesty in favours of the prin­cipal of that Colledge, as a Sallary for his being a Professor of Divinity there­in: And therfore seing competent Provision was made for two Professors besides thir Teinds; That pretence can never be sustained to hinder this new Erection.
• 3. Besides the two Provisions for Professors of Theology above-mentioned, his Majesty hath been pleased to bestow 100 lib. S [...]erling yearly out of the Bishops Rents for that very end and use; And therefore, since there is a three fold Provision without any burden to their Teinds; Its 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 Deanry 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 Merks payable by the Heretors to the Colledge every 19 years, when their Tacks expires; And likeways besides the Viccardge Teinds which properly did belong to the Minister of Calder as Viccar to the Sub-Dean; So that when 24 Chalders of Victual are payed to the three present Incumbents of the Sub-deanry, 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 Colledge, so that the Professor of Theology is no ways prejudged by this new Erection.
• 5. The Colledge themselves are so little sensible of the want of a Fond wherewith to maintain their Professor, that since thir Sum­monds were intented, that they have given 1200 Merks yearly to two new Professors, viz. the one of History and the other of Mathematicks; So that the Colledge 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 Colledge and any other Titular and by the Perambuation 1656, lying in Proces, that Mr. Gillaspie then Princip [...]l [Page 4]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 marr, obstruct or Divert so good and pious a Work; And there can no pre­tence of the least Inconveniency from this Erection be alledged by the Colledge as an incouragement for other Parishes to seek the same, For as to any of the other five Paroches 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 Colledge 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.