Ian Hamilton (lawyer)
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Ian Robertson Hamilton KC (13 September 1925 – 3 October 2022) was a Scottish lawyer and
nationalist Nationalism is an idea and movement that holds that the nation should be congruent with the state. As a movement, nationalism tends to promote the interests of a particular nation (as in a group of people), Smith, Anthony. ''Nationalism: The ...
, best known for his part in the return of the Stone of Destiny from
Westminster Abbey Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an historic, mainly Gothic church in the City of Westminster, London, England, just to the west of the Palace of Westminster. It is one of the United ...
to
Arbroath Abbey Arbroath Abbey, in the Scottish town of Arbroath, was founded in 1178 by King William the Lion for a group of Tironensian Benedictine monks from Kelso Abbey. It was consecrated in 1197 with a dedication to the deceased Saint Thomas Becket, who ...
in 1950.Ian R. Hamilton
" Publisher’s author biography.
Birlinn Limited Birlinn Limited is an independent publishing house based in Edinburgh, Scotland. It was established in 1992 by managing director Hugh Andrew. Imprints Birlinn Limited is composed of a number of imprints, including: *Birlinn, which publishes Sc ...
. 2009. ''(Retrieved 9 January 2010.)''


Early life

Hamilton was born in Paisley, Scotland, on 13 September 1925, the son of a
tailor A tailor is a person who makes or alters clothing, particularly in men's clothing. The Oxford English Dictionary dates the term to the thirteenth century. History Although clothing construction goes back to prehistory, there is evidence of ...
.Ian Hamilton: Patriot and Nationalist
" ''
Siol nan Gaidheal Siol nan Gaidheal (, meaning "Seed of the Gaels") is a minor Scottish ultranationalist and ethnic nationalist group which describes itself as a "cultural and fraternal organisation". The first incarnation of the group was founded by Tom Moore in ...
''. ''(Retrieved 9 January 2010.)''
He attended the
John Neilson Institution Castlehead High School is a non-denominational, mixed state secondary school in Paisley, Renfrewshire, Scotland. It was opened in 1971. In 1989, John Neilson High School (founded as the John Neilson Institution in 1852) merged into Castlehead ...
in Paisley before going on to the
University of Glasgow , image = UofG Coat of Arms.png , image_size = 150px , caption = Coat of arms Flag , latin_name = Universitas Glasguensis , motto = la, Via, Veritas, Vita , ...
to study law, after having served in the
British army The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gurk ...
.


National activism

It was at University where Hamilton became politically active. A participant in debates at the
Glasgow University Union Glasgow University Union (GUU) is one of the largest and oldest students' unions in the UK, serving students and alumni of the University of Glasgow since 1885. The GUU organises social affairs for its members, provides catering and entertainm ...
, he was a member of the
Glasgow University Scottish Nationalist Association The Glasgow University Scottish Nationalist Association (GUSNA) is a student organisation formed in 1927 at the University of Glasgow which supports Scottish independence. History GUSNA is important historically as it predated many pro-independ ...
and the
Scottish Covenant Association The Scottish Covenant Association was a non-partisan political organisation in Scotland in the 1940s and 1950s seeking to establish a devolved Scottish Assembly. It was formed by John MacCormick who had left the Scottish National Party in 1942 wh ...
. He was also the
campaign manager {{Political campaigning A campaign manager, campaign chairman, or campaign director is a paid or volunteer individual whose role is to coordinate a political campaign's operations such as fundraising, advertising, polling, getting out the vote ( ...
for the successful bid to have
John MacCormick John MacDonald MacCormick (20 November 1904 – 13 October 1961) was a Scottish lawyer, Scottish nationalist politician and advocate of Home Rule in Scotland. Early life MacCormick was born in Pollokshields, Glasgow, in 1904. His father was Dona ...
elected Rector of the University.


Stone of Destiny

On
Christmas Eve Christmas Eve is the evening or entire day before Christmas Day, the festival commemorating the birth of Jesus. Christmas Day is observed around the world, and Christmas Eve is widely observed as a full or partial holiday in anticipation ...
1950, Hamilton, along with three other student Scottish nationalists including
Kay Matheson Kay Matheson (7 December 1928 – 6 July 2013) was a Scottish teacher, political activist, and Gaelic scholar. She was one of the four University of Glasgow students involved in the 1950 removal of the Stone of Scone. Life Matheson was born ...
, removed the Stone of Destiny from its place under the
Coronation Chair The Coronation Chair, known historically as St Edward's Chair or King Edward's Chair, is an ancient wooden chair on which British monarchs sit when they are invested with regalia and crowned at their coronations. It was commissioned in 1296 by ...
in
Westminster Abbey Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an historic, mainly Gothic church in the City of Westminster, London, England, just to the west of the Palace of Westminster. It is one of the United ...
, London. Originally used for the coronation of Scottish monarchs, the Stone had been removed to England by
Edward I Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vassal o ...
in 1296 to bolster his claim to the throne of Scotland. After the
Acts of Union 1707 The Acts of Union ( gd, Achd an Aonaidh) were two Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland. They put into effect the te ...
between Scotland and England, it was used for the coronation of British monarchs. As such, Hamilton's action in returning the Stone to Scotland was applauded as a symbolic triumph for
Scottish nationalism Scottish nationalism promotes the idea that the Scottish people form a cohesive nation and national identity. Scottish nationalism began to shape from 1853 with the National Association for the Vindication of Scottish Rights, progressing into t ...
. The Stone was turned over to the
Church of Scotland The Church of Scotland ( sco, The Kirk o Scotland; gd, Eaglais na h-Alba) is the national church in Scotland. The Church of Scotland was principally shaped by John Knox, in the Scottish Reformation, Reformation of 1560, when it split from t ...
, which passed it to the authorities in April 1951. Hamilton and his accomplices were charged, but never prosecuted. The Stone was eventually returned to Scotland in 1996, with provision for subsequent use in the coronation of British monarchs. In 2008,
Charles Martin Smith Charles Martin Smith (born October 30, 1953) is an American actor, writer, and director of film and television, based in British Columbia. He is known for his roles in ''American Graffiti'' (1973), ''The Buddy Holly Story'' (1978), '' Never Cry Wo ...
wrote and directed a feature film entitled '' Stone Of Destiny'', based on these events, in which Hamilton was portrayed by
Charlie Cox Charlie Thomas Cox (born 15 December 1982) is an English actor. He is known for portraying Matt Murdock / Daredevil in several projects of the Marvel Cinematic Universe franchise, including lead roles in the television series '' Daredevil'' (20 ...
. Hamilton himself had a small part as an English businessman.


MacCormick v. Lord Advocate

When first admitted to the bar as a young
advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
in 1953, Hamilton refused to swear allegiance to
Queen Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until Death and state funeral of Elizabeth II, her death in 2022. She was queen ...
arguing that she could only be referred to as "Queen Elizabeth" (sans regnal number) in Scotland as the regnal numbers counted
Queen Elizabeth I Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". El ...
, who had not ruled over Scotland or any of the subsequent united kingdoms which it has entered into. ''
MacCormick v Lord Advocate ''MacCormick v Lord Advocate'' 1953 SC 396 was a Scottish constitutional law case and Scottish legal action on whether Queen Elizabeth II was entitled to use the numeral "II" as her regnal number in Scotland, as there had never been an earlier ...
'', which Hamilton brought with rector John MacCormick against the
Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...
, failed. The
Inner House The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is th ...
of the Scottish
Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...
held that the monarch's title is the sole
prerogative In law, a prerogative is an exclusive right bestowed by a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of feudal law. The ...
of the
sovereign ''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or ...
, and the Crown had accepted a system whereby regnal numbers were taken from the larger of both former kingdoms in the United Kingdom, that is England and not Scotland. (It was later suggested by
Winston Churchill Sir Winston Leonard Spencer Churchill (30 November 187424 January 1965) was a British statesman, soldier, and writer who served as Prime Minister of the United Kingdom twice, from 1940 to 1945 Winston Churchill in the Second World War, dur ...
after the accession of Elizabeth II that, in the future, the higher of the two numerals from the English and Scottish sequences could be used. This system has yet to be put to the test.)


Career

After graduating from university, Hamilton was admitted to the
bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (u ...
and became a practising lawyer. His play ''The Tinkers of the World'' was staged at Edinburgh's Gateway Theatre early in 1957. Hamilton joined the Labour Party for a short while, but spent most of his life in active politics as a member of the
Scottish National Party The Scottish National Party (SNP; sco, Scots National Pairty, gd, Pàrtaidh Nàiseanta na h-Alba ) is a Scottish nationalist and social democratic political party in Scotland. The SNP supports and campaigns for Scottish independence from ...
(SNP). He was SNP candidate for the Strathclyde East seat at the 1994 election to the
European Parliament The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
, as well as a candidate for the SNP in the Greenock and Inverclyde seat at the 1999 election to the
Scottish Parliament The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
. Hamilton was
Rector of the University of Aberdeen The Lord Rector of the University of Aberdeen is the students' representative and chairman in the University Court of the University of Aberdeen. The position is rarely known by its full title and most often referred to simply as "Rector". The r ...
from 1994 to 1996 and was awarded the degree of
Doctor of Laws A Doctor of Law is a degree in law. The application of the term varies from country to country and includes degrees such as the Doctor of Juridical Science (J.S.D. or S.J.D), Juris Doctor (J.D.), Doctor of Philosophy (Ph.D.), and Legum Doctor (LL. ...
(
Honoris Causa An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...
) in his final year. He was also chosen by the Glasgow University Scottish Nationalist Association as their candidate for the Glasgow University Rectorial election in 1999 in which he came second to the actor,
Ross Kemp Ross James Kemp (born 21 July 1964) is an English actor, author, and television presenter. He rose to prominence in the role of Grant Mitchell in the BBC soap opera ''EastEnders''. He is also known for his other roles as Graham Lodsworth in ' ...
. Hamilton wrote two autobiographical works, that are also in part polemical, ''A Touch of Treason'' (1990) and ''A Touch More Treason'' (1994). At one time he wrote a blog, where he posted commentary on Scottish social and political life, and latterly occasionally posted thoughts to Twitter including support for
Scottish independence Scottish independence ( gd, Neo-eisimeileachd na h-Alba; sco, Scots unthirldom) is the idea of Scotland as a sovereign state, independent from the United Kingdom, and refers to the political movement that is campaigning to bring it about. S ...
. He died in
North Connel North Connel is a hamlet on the north side of Loch Etive in Argyll and Bute, Scotland. Connel Bridge connects the community to Connel Connel ( Gaelic: ''A' Choingheal'') is a village in Argyll and Bute, Scotland. It is situated on the southern ...
on 3 October 2022, aged 97.


Royal Bank of Scotland lawsuit

In February 2009,
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broadca ...
and ''
The Daily Telegraph ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was fo ...
'' reported that Hamilton was suing the
Royal Bank of Scotland The Royal Bank of Scotland plc (RBS; gd, Banca Rìoghail na h-Alba) is a major retail and commercial bank in Scotland. It is one of the retail banking subsidiaries of NatWest Group, together with NatWest (in England and Wales) and Ulster Bank ...
(RBS) over claims they had mis-sold shares to him in April 2008.Cramb, Auslan.
Former QC takes Royal Bank of Scotland to court in shares row
" ''
The Daily Telegraph ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was fo ...
''. 19 February 2009. ''(Retrieved 10 January 2010.)''
Hamilton purchased 640 shares at £2 per share as part of a £12 billion rights issue. The writ he lodged in court claimed that the bank invited shareholders, including him and his wife, to invest in a rights issue, an offer that he took up on her behalf. The writ further alleged that RBS induced him to invest his money by "concealing the true state of their finances". He further alleged that the bank was "negligent in representing themselves as solvent at all material times when in fact they were insolvent". RBS stated they would defend themselves vigorously against the claims made by Hamilton, but he dropped the case on 26 February 2009 after the
small claims court Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may b ...
refused to deal with it, citing the legal and factual complexity of the case, which would require trial in a higher court.


Portrayals in popular culture

In 2008, Hamilton's book, ''The Taking of the Stone of Destiny'', was made into a movie entitled '' Stone of Destiny''. The film depicted Hamilton (played by
Charlie Cox Charlie Thomas Cox (born 15 December 1982) is an English actor. He is known for portraying Matt Murdock / Daredevil in several projects of the Marvel Cinematic Universe franchise, including lead roles in the television series '' Daredevil'' (20 ...
) as the protagonist leading a team of students to reclaim the Stone of Destiny. Additionally, Hamilton had a small
cameo role A cameo role, also called a cameo appearance and often shortened to just cameo (), is a brief appearance of a well-known person in a work of the performing arts. These roles are generally small, many of them non-speaking ones, and are commonly eit ...
.Stone of Destiny
" ''
The Internet Movie Database IMDb (an abbreviation of Internet Movie Database) is an online database of information related to films, television series, home videos, video games, and streaming content online – including cast, production crew and personal biographies, p ...
''. ''(Retrieved 9 January 2010.)''


References


External links

* {{DEFAULTSORT:Hamilton, Ian 1925 births 2022 deaths Lawyers from Paisley, Renfrewshire Rectors of the University of Aberdeen Alumni of the University of Glasgow Scottish King's Counsel 20th-century King's Counsel Members of the Faculty of Advocates Scottish National Party politicians Scottish nationalists British Army personnel of World War II