Page:A biographical dictionary of eminent Scotsmen, vol 4.djvu/96

442 appear at first sight a natural consequence, their obscurity. But Gibson produced by a too niggardly supply, the effect which is frequently attributed to a too great multitude of words. He appears, however, to have always known his own meaning; and when, with a little consideration, his rationes decidendi are discovered, they are found to be soundly stated. The clamours which other judges of the day caused to be raised against their dishonesty and cupidity, were not applied to Durie. He seems, indeed, as far as the habits of the times could allow the virtue to exist, except in an absolutely pure being, to have been a just and fearless judge, for in a period of general legal rapine and pusillanimity, the possession of a very moderate share of honesty and firmness in the judgment seat, made their proprietor worthy of a nation's honour. If the affirmation of a professional brother may be credited, Durie possessed, according to the opinion of Forbes, a later collector of decisions, most of the intellectual and moral qualities which can dignify the bench. It is a proof of the respect in which his brethren held him, that while the office continued elective in the senators of the college, he was repeatedly chosen as president. At that period, the legal practice of Scotland appeared to have improved for the mere purpose of substituting sophism and injustice under form, for rude equity; it was a handle to be made use of, rather than a rule to be applied. The crown had recourse to legal fictions, and unjust and arbitrary presumptions, in its dealings with the subject The subject, instead of calling for a recourse to constitutional principles, sometimes rose against the administration of the law, just or unjust. With private parties, the more powerful got the command of the law, and used it against the weaker. A striking instance of contempt towards the laws, which took place during one of the presidencies of Gibson of Durie is mentioned in Douglas's Baronage, and Forbes's Journal, arid is more fully and pleasingly narrated in the Minstrelsy of the Scottish Border. The earl of Traquair had an action depending in court, in which it was understood the president would, by his influence, cause the court to give judgment against him. A border freebooter, or gentleman thief, known by the name of Christie's Will, owed to the peer some gratitude and allegiance, having gained his protection by an insolent jest on the subject of his having been imprisoned for theft. This person being a gentleman both by descent and education, insinuated himself into the president's company during his usual morning ride on the sands of Leith. On the two reaching a very lonely spot, the judge was snatched from his horse, rolled into a blanket, and carried off he knew not where. He was imprisoned three months, during which time his friends and himself considered that he was in fairy-land. The case was decided in favour of Traquair, and a new president appointed, when the judge one morning found himself laid down in the exact spot from which he had been so suddenly carried off, and returned to claim his privileges. This useful man died at his house of Durie on the 10th of June, 1644. He left behind him a son of his own name, who was active among the other persons of high rank, who came forward to protect their national church from the imposition of a foreign liturgy. He is known as having boldly resisted one of king Charles the first's prorogations, by refusing the performance of the duty of clerk of parliament, already alluded to. He appears, however, not to have always given satisfaction to the cause he had so well espoused, as he is more than once mentioned in Lamont's Diary as a malignant. He was raised to the bench in 1646. Besides this son, the wealth of the father allowed him to provide a junior branch of the family with the estate of Adistone in Lothian.

GIBSON,, an eminent artist and writer upon art, was born at Edinburgh, in December, 1782. He was the son of respectable parents, who gave