THREE:The Act of 1712 restored lay patronage, and then the strife began, but not between the people and the lay pastors, but between the clergy and the lay patrons. There grew up two parties in the General Assembly, styled the moderates, and the more advanced, or popular party. The moderates were those who were ready to concede to the demands of Government and lay patronage under a gentle protest; the more popular party, as it was called, was for transferring the right of presentation to the presbytery. The Act of William III., in 1690, gave the original and exclusive nomination to the heritors, land-owners, and elders. The person nominated was to be proposed to the congregation, who might approve or disapprove. But to what did this right amount? The congregation could not absolutely reject; and if they disapproved, the right passed on to the presbytery, whose decision was final. By this arrangement, either the landowners and elders remained the presenters,[168] or, after a vain show of conferring the choice upon the people, the appointment fell to the clergy, or presbytery. From 1690 to 1712, Sir Henry Moncrieff says, "there does not appear the least vestige of a doctrine, so much contended for at a later period, of a divine right in the people individually or collectively, to elect the parish minister." This opinion was fully maintained by the law of William III., in 1690, and confirmed by that of Anne, in 1712. Sir Henry Moncrieff, in confirmation of this doctrine that the people never had a right to elect their ministers in the Scottish Church, quotes the "First Book of Discipline," of 1567, which placed the election of pastors in the people at large; but this error, he says, was rectified by the "Second Book of Discipline," in 1581. By this book the congregation could only consentthe presbyters must finally determine. This contains the law of the Church of Scotland, and the great schism which took place in the Scottish Church, in 1843known as the Disruptionarose merely from the resistance to lay patronage, but with the intention of transferring that patronage to the clergy, not the people.Buonaparte continued the pursuit of the Allies as far as Pirna, whence, owing to indisposition, he returned to Dresden; but Vandamme, Murat, Marmont, and St. Cyr pushed forward by different ways to cut off the route of the fugitives into the mountains of Bohemia. Vandamme, however, having passed Peterswald, beyond which he had orders not to proceed, was tempted to try for T?plitz, where the Allied sovereigns lay, and take it. In doing this he was enclosed, in a deep valley near Kulm, by Ostermann and other bodies of the Allies, completely routed, and taken prisoner, with Generals Haxo and Guyot, the loss of two eagles, and seven thousand prisoners. This was on the 29th of August.
