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

Glasgow Glasgow is the Cities of Scotland, most populous city in Scotland, located on the banks of the River Clyde in Strathclyde, west central Scotland. It is the List of cities in the United Kingdom, third-most-populous city in the United Kingdom ...

, the son of the Rev Hugh Macmillan DD

FRSE Fellowship of the Royal Society of Edinburgh (FRSE) is an award granted to individuals that the Royal Society of Edinburgh, Scotland's national academy of science and Literature, letters, judged to be "eminently distinguished in their subject". ...

(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 Greenock (; ; , ) is a town in Inverclyde, Scotland, located in the west central Lowlands of Scotland. The town is the administrative centre of Inverclyde Council. It is a former burgh within the historic county of Renfrewshire, and forms ...

in 1878. Hugh was educated at Collegiate School,

from 1878, then studied at the

University of Edinburgh The University of Edinburgh (, ; abbreviated as ''Edin.'' in Post-nominal letters, post-nominals) is a Public university, public research university based in Edinburgh, Scotland. Founded by the City of Edinburgh Council, town council under th ...

(M.A. 1st class honours in philosophy, 1893 Bruce of Grangehill and Falkland Scholarship) and the

University of Glasgow The University of Glasgow (abbreviated as ''Glas.'' in Post-nominal letters, post-nominals; ) is a Public university, public research university in Glasgow, Scotland. Founded by papal bull in , it is the List of oldest universities in continuous ...

(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 const ...

in 1897 with a public defence of an assigned Thesis ''De diversis regulis juris antiqui'', and later became

King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

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

First World War World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...

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 or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...

). In October 1922, he was asked by

Bonar Law Andrew Bonar Law (; 16 September 1858 – 30 October 1923) was a British statesman and politician who was Prime Minister of the United Kingdom from October 1922 to May 1923. Law was born in the British colony of New Brunswick (now a Canadi ...

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 The Royal Society of Edinburgh (RSE) is Scotland's national academy of science and letters. It is a registered charity that operates on a wholly independent and non-partisan basis and provides public benefit throughout Scotland. It was establis ...

. His proposers were Edward Theodore Salvesen (Lord Salvesen), William Archer Tait, Robert Blyth Greig and Sir Edmund Taylor Whittaker. He resigned from the Society in 1931. When the Labour government of

Ramsay MacDonald James Ramsay MacDonald (; 12 October 18669 November 1937) was a British statesman and politician who served as Prime Minister of the United Kingdom. The first two of his governments belonged to the Labour Party (UK), Labour Party, where he led ...

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 (), is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolution, devolved powers of the Scottish P ...

, even though he was a

Conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...

. 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

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

from 1928, and for the Commonwealth of

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

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 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 of ...

, and was simultaneously created a

life peer In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the D ...

as Baron Macmillan of Aberfeldy in the County of Perth, one of few men to have been appointed a judge in the

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

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 of ...

until 1947 except for a brief period at the outbreak of

Second World War World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

when he was Minister of Information.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-nominal letters, post-nominals) is a collegiate university, federal Public university, public research university located in London, England, United Kingdom. The ...

, 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 August ...

. He held a number of chairmanships, including the Committee on Finance and Industry in 1929–31, the Canadian

Royal Commission on Banking and Currency Royal may refer to: People * Royal (name), a list of people with either the surname or given name * A member of a royal family or royalty Places United States * Royal, Arkansas, an unincorporated community * Royal, Illinois, a village * Royal ...

in 1933, the Pilgrim Trust from 1935 to 1952, the Political Honours Committee from 1935 to 1952, the Court of the

from 1929 to 1943, and the

BBC The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...

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

British Museum The British Museum is a Museum, public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is the largest in the world. It documents the story of human cu ...

, and was in 1934 principal proponent and founder of the Stair Society, 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 National Library of Scotland (NLS; ; ) is one of Scotland's National Collections. It is one of the largest libraries in the United Kingdom. As well as a public programme of exhibitions, events, workshops, and tours, the National Library of ...

; 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 ( 15 & 16 Geo. 5. c. 73). 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 (The Academy) 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, and other ...

. 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

Privy Counsellor The Privy Council, formally His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its members, known as privy counsellors, are mainly senior politicians who are current or former ...

in 1924 and was awarded the GCVO 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

McGill University McGill University (French: Université McGill) is an English-language public research university in Montreal, Quebec, Canada. Founded in 1821 by royal charter,Frost, Stanley Brice. ''McGill University, Vol. I. For the Advancement of Learning, ...

Queen's University at Kingston Queen's University at Kingston, commonly known as Queen's University or simply Queen's, is a public university, public research university in Kingston, Ontario, Kingston, Ontario, Canada. Queen's holds more than of land throughout Ontario and ...

Dalhousie University Dalhousie University (commonly known as Dal) is a large public research university in Nova Scotia, Canada, with three campuses in Halifax, Nova Scotia, Halifax, a fourth in Bible Hill, Nova Scotia, Bible Hill, and a second medical school campus ...

and

Columbia University Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...

, and a DCL from

Case Western Reserve University Case Western Reserve University (CWRU) is a Private university, private research university in Cleveland, Ohio, United States. It was established in 1967 by a merger between Western Reserve University and the Case Institute of Technology. Case ...

, as well as being inducted into the

Order of the Coif The Order of the Coif () is an American honor society for law school graduates. The Order was founded in 1902 at the University of Illinois College of Law. The name is a reference to the ancient English order of trial lawyers, the serjeants-at-la ...

. He was unanimously elected 13 May 1924 the first Honorary Bencher of

Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...

. He was elected honorary member of the Institution of Civil Engineers, of the

Smeatonian Society of Civil Engineers The Smeatonian Society of Civil Engineers was founded in England in 1771. It was the first engineering society to be formed anywhere in the world, and remains the oldest. It was originally known as the Society of Civil Engineers, being renamed fo ...

, 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 904AC364, 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 ''Donoghue v Stevenson''

932 Year 932 (Roman numerals, CMXXXII) was a leap year starting on Sunday of the Julian calendar. Events By place Europe * Summer – Alberic II of Spoleto, Alberic II leads an uprising at Rome against his stepfather Hugh of Italy, Hu ...

AC 562 was a Lists of landmark court decisions, 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 jurisdic ...

1932 AC 562 * Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd 1942 AC 32 * 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. Based in London, it is one of the largest libraries in the world, with an estimated collection of between 170 and 200 million items from multiple countries. As a legal deposit li ...

. 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 Lawyers from Glasgow Nobility from Glasgow 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