Hugh Macmillan, Baron Macmillan
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Hugh Pattison Macmillan, Baron Macmillan, (20 February 1873 – 5 September 1952) was a Scottish advocate, judge, parliamentarian and civil servant.Pine, p.187


Life

He was born in
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, the son of the Rev Hugh Macmillan DD FRSE (1833-1903) and Jane Patison (1833-1922). His father was minister of St Peter's Free Church in Glasgow. The family moved to 70 Union Street in Greenock in 1878. Hugh was educated at Collegiate School, Greenock from 1878, then studied at the
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(M.A. 1st class honours in philosophy, 1893 Bruce of Grangehill and Falkland Scholarship) and the
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(LLB). He was indentured for three years to the firm Cowan, Fraser and Clapperton while he studied the Law, in which he distinguished himself by winning the Cunningham Scholarship for Conveyancing in the year 1896.Macmillan, p.23 He was admitted to the
Faculty of Advocates The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constit ...
in 1897 with a public defence of an assigned Thesis ''De diversis regulis juris antiqui'', and later became King's Counsel in 1912. For a time he wrote articles on conveyancing for Green's ''Encyclopedia of Scots Law'', and was Editor of the quarterly ''Juridical Review'' between 1900 and 1907. During the
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Macmillan served as assistant director of Intelligence for the Ministry of Information. Macmillan suffered an illness, and surgery thereon, in 1917, at which time he decided to cease his nascent political career (then in abeyance for the duration of the
Great War World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
). In October 1922, he was asked by Bonar Law to become the Solicitor-General for Scotland, which he declined because of his political stripe. In 1923 he was elected a Fellow of the Royal Society of Edinburgh. His proposers were Edward Theodore Salvesen (Lord Salvesen),
William Archer Tait William Archer Porter Tait FRSE FRMS MICE (1866–1929) was a 19th/20th century Scottish civil engineer and part of the Guthrie Tait dynasty. He was Vice President of the Institute of Civil Engineers in 1929. Life He was born on 25 Marc ...
, Robert Blyth Greig and Sir
Edmund Taylor Whittaker Sir Edmund Taylor Whittaker (24 October 1873 – 24 March 1956) was a British mathematician, physicist, and historian of science. Whittaker was a leading mathematical scholar of the early 20th-century who contributed widely to applied mathema ...
. He resigned from the Society in 1931. When the Labour government of Ramsay MacDonald was elected in 1924 – the first time the Labour Party had taken power – it had no KCs in Scotland amongst its parliamentary representation. Macdonald therefore turned to Macmillan, whose reputation at the Bar was considerable, to take the job of
Lord Advocate His Majesty's Advocate, known as the Lord Advocate ( gd, Morair Tagraidh, sco, Laird Advocat), is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved p ...
, even though he was a
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. He served as Lord Advocate from February to November 1924,Pine, p.188 and was sworn of the Privy Council on 16 April that year. Macmillan was standing counsel for a vast array of clients, that included the Dominion of
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from 1928, and for the Commonwealth of Australia from 1929. He chaired in 1924 the Royal Commission on Lunacy and Mental Health, in 1929 the Committee on Finance and Industry, and in 1932 the Committee on Income Tax Codification. On 3 February 1930, he was appointed to replace Lord Sumner as a Lord of Appeal in Ordinary, and was simultaneously created a life peer as Baron Macmillan of Aberfeldy in the
County of Perth Perthshire ( locally: ; gd, Siorrachd Pheairt), officially the County of Perth, is a historic county and registration county in central Scotland. Geographically it extends from Strathmore in the east, to the Pass of Drumochter in the nort ...
, one of few men to have been appointed a judge in the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
straight from the Bar. Macmillan sat as a
Law Lord Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House o ...
until 1947 except for a brief period at the outbreak of
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when he was
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.Macmillan, p.147 However he came in for much criticism in this role and was soon replaced. The Ministry of Information was located in the Senate House,
University of London The University of London (UoL; abbreviated as Lond or more rarely Londin in post-nominals) is a federal public research university located in London, England, United Kingdom. The university was established by royal charter in 1836 as a degree ...
, and the Macmillan Hall there is named after him. Macmillan produced some 152 judgments in the House of Lords, and some 77 in the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
. He held a number of chairmanships, including the Committee on Finance and Industry in 1929–31, the Canadian
Royal Commission on Banking and Currency The Royal Commission on Banking and Currency (also known as the Macmillan Commission) was a 1933 Canadian royal commission tasked with reviewing the Canadian government's involvement in monetary policy. Chaired by Scottish jurist Hugh Macmillan, ...
in 1933, the
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from 1935 to 1952, the Political Honours Committee from 1935 to 1952, the Court of the
University of London The University of London (UoL; abbreviated as Lond or more rarely Londin in post-nominals) is a federal public research university located in London, England, United Kingdom. The university was established by royal charter in 1836 as a degree ...
from 1929 to 1943, and the
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Advisory Council from 1936 to 1946. He was a member of the Wytham Abbey Trust, founded by Colonel Raymond ffennell. He was elected Trustee of the
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, and was in 1934 principal proponent and founder of the
Stair Society The Stair Society is a learned society devoted to the study of Scots law. It was instituted in 1934 "to encourage the study and to advance the knowledge of the history of Scots Law," and is named for James Dalrymple, 1st Viscount of Stair, the sev ...
, which was designed "to encourage the study and advance the knowledge of the history of Scots Law by the publication of original documents and by the reprinting and editing of works of sufficient rarity or importance." Macmillan led, over the course of a decade to 7 August 1925, the effort to create the National Library of Scotland; the Committee which he chaired was noticed by Alexander Grant, head of McVitie and Price biscuit makers, who donated the bulk of the endowment This happy event culminated with the passage at Westminster of the
National Library of Scotland Act 1925 National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, c ...
. He provided the 1934 Rede Lecture at Cambridge, the 1934 Maudsley Lecture, the 1935 Henry Sidgwick Memorial Lecture, and in 1936 a Broadcast National Lecture. These were bound as ''Law and Other Things''. He was appointed in 1941 to the Professorship of Law at the Royal Academy of Arts, and was chosen an Honorary Member by the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (abbreviation: AAA&S) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, a ...
. In 1948 he became an Honorary Fellow of the Royal Institute of British Architects. He delivered the Andrew Lang Memorial Lecture, and the Commemorative Oration at the University of Glasgow's 500th anniversary in 1951. He was appointed a
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in 1924 and was awarded the
GCVO The Royal Victorian Order (french: Ordre royal de Victoria) is a dynastic order of knighthood established in 1896 by Queen Victoria. It recognises distinguished personal service to the British monarch, Canadian monarch, Australian monarch, or ...
in 1937. He would earn the distinction of LLD from his two ''alma matres'', Edinburgh on 17 July 1924., again in 1931 at the University of London, and again in 1932 at the University of St. Andrews. In North America, he was awarded LLDs from
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, Queen's University at Kingston, Dalhousie University and
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, and a DCL from Case Western Reserve University, as well as being inducted into the
Order of the Coif The Order of the Coif is an honor society for United States law school graduates. The name is a reference to the ancient English order of advocates, the serjeants-at-law, whose courtroom attire included a coif—a white lawn or silk skullcap, whi ...
. He was unanimously elected 13 May 1924 the first Honorary Bencher of
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. He was elected honorary member of the Institution of Civil Engineers, of the
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, and of the Institution of Municipal and County Engineers.


Family

He married his childhood sweetheart, Elizabeth Katherine Grace Marshall, on 27 July 1901.


Publications

His autobiography, ''A Man of Law's Tale'', was published in 1952.


Cases and Bills noted


A Man of Law's Tale

* Corporation of the City of Glasgow v Stirling County Council et al. (1914): G desired to impound river waters in Loch Voil * Williamson(?) et al. v Corporation of Aberdeen (1910): A desired to divert the River Avon for public use * City of Glasgow v County Council of Lanark et al. (May–July 1912): G desired to extinguish L * Falkirk v County Council of Stirling (1911): F desired to encroach on S * Falkirk v County Council of Stirling (1912): F desired to encroach on S * Corporation of Dundee v Burgh of Broughty Ferry (1913): D desired to encroach on B * Corporation of Edinburgh v burgh of Leith (1920): E desired to encroach on L * Corporation of Greenock v Ports of Glasgow and Gourock (1927): G desired to incorporate GG * Sandwich Port and Haven Bill (1925) * River Ouse Drainage Bill (1927) * Bill for the reconstitution of Albert Hall * Lochaber Water Power Bill (1921) * Road Transport Act 1928 * Mortensen v Peters, 1906, 8F(JC)93; 5Adam121: international and territorial waters * R v Brown, 1907SC(J)67, 5Adam312: B contested lunacy * Coats v Brown, 1909 SC(J)29, 6Adam19 * Parker v Lord Advocate
904 __NOTOC__ Year 904 ( CMIV) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * July 29 – Sack of Thessalonica: A Muslim fleet, led by the Greek ren ...
AC364, 6F(HL)37 * Colquhoun v FPW 1908 SC(HL)10 * Boyd&Forrest v GSWRC 1912 SC(HL)93, 1915 SC(H)20, 1918 SC(HL)14 * Lord Advocate v Zetland 1920 SC(HL)1 * Young v Kinloch 1911 SC(HL)1 * Wishart v Gibson 1914 SC(HL)53 * Canada v Newfoundland 1927 * 1930 AC 537 *
Donoghue v Stevenson was a landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in Common law jurisdictions worldwide, as well as in Scotland, establishing general principle ...
1932 AC 562 * Bank of Portugal v Waterlow & Sons 1932 AC452 * Joyce v DPP 1946 AC347


Legacy

The Lord Macmillan Papers are housed at the
British Library The British Library is the national library of the United Kingdom and is one of the largest libraries in the world. It is estimated to contain between 170 and 200 million items from many countries. As a legal deposit library, the British ...
. The papers can be accessed through the British Library catalogue.Lord Macmillan Papers
archives and manuscripts catalogue, the British Library. Retrieved 2 June 2020


Notes


References and Bibliography

* A.H.B. Constable and H.P. Macmillan, ''A Treatise on Provisional Orders applicable to Scotland'', Edinburgh, 1900 * H.P. Macmillan, ''A Man of Law's Tale'', London: MacMillan and Co., 1952 * H.P. Macmillan, ''Law and other things'' * L. G. Pine, ''The New Extinct Peerage 1884-1971: Containing Extinct, Abeyant, Dormant and Suspended Peerages With Genealogies and Arms'' (London, U.K.: Heraldry Today, 1972). {{DEFAULTSORT:Macmillan, Hugh Pattison 1873 births 1952 deaths Law lords Members of the Privy Council of the United Kingdom Alumni of the University of Glasgow Alumni of the University of Edinburgh Knights Grand Cross of the Royal Victorian Order People associated with the University of London Members of the Judicial Committee of the Privy Council Lord Advocates Ministers in the Chamberlain wartime government, 1939–1940 Life peers created by George V