Hugh Macmillan, Baron Macmillan Quotes

I found ample scope in the work of the tribunals that were open to me, and in the House of Lords, the Judicial Committee of the Privy Council, and the Parliamentary Committee Rooms. I enjoyed a large and varied practice, almost entirely in English cases and cases from the Dominions.

Mr. Gladstone characteristically replied that "the subject of the establishment of a national public library in Edinburgh will have every consideration from Her Majesty's Government', which signified precisely nothing, as the Faculty experienced when a few years later a renewed approach was made.

Thus the facilities (of the Advocates' Library), which in England were provided at the taxpayers' expense in the British Museum, were in Scotland afforded entirely at the cost of the Scottish Bar... Much the greater part of their annual income was expended in maintaining it.

This was ultimately secured in a large chamber in the lower part of the Parliament House, known as the Laigh Parliament Hall, the traditional torture chamber of the Scottish Privy Council.

In Proposals which I drew up for the formation of a Scottish Legal History Society [now the Stair Society] I said that it had long been a reproach to Scotland that no adequate history of Scots Law existed, though it would be difficult to imagine a more attractive field of study, for the legal system in Scotland was not only perhaps our most distinctive heritage, but was also of special interest because of its combination in theory and practice of the Roman Law and the Common Law.

No question of priority arose to embarrass me in my loyalties to the railway companies until the Parliamentary session of 1924-25... In Scotland the Dean of Faculty [of Advocates] is the deciding authority... He pointed out that the L.M.S. Company which was claiming me was not the L.M.S. Company which had retained me... So I was awarded to the L.N.E.R. and duly appeared in the Committee Rooms on their behalf.

A member of the Bar is not entitled to refuse his services to anyone who seeks to employ him. He has been said to be like a cabman on the rank: it is his duty to place himself at the disposal of the first person who hails him and he has no right to exercise any discrimination... This principle also has its origin in the conception of the special position of the advocate in the public administration of justice. It is essential that no citizen should be unable to procure the adequate presentation of his case in Court, however unpopular or even unworthy he may be.

In a speech which he made in the House of Commons in 1804 the Lord Advocate, Charles Hope, claimed to be not only public prosecutor, coroner's jury, and grand jury, which he undoubtedly was, but also Home Secretary, Privy Council, and Lord-Lieutenant! … The anomalous combination of legal and administrative duties in the person of the Lord Advocate came to an end on the passing, in 1885, of the Secretary for Scotland Act which transferred to the Secretary, now the Secretary of State, for Scotland, most of the responsibility for the administration of Scottish affairs.

During the long interval which elapsed before the revival and reconstitution of the Secretary-ship in 1885, `the Lord Advocate of the day was really Minister for Scotland. The technical right to control Scottish affairs in their various departments no doubt belonged to the various Ministers of the Crown; but so little was known in London about Scotland and the country was in so distrubed and backward a condition that responsibility was easily devolved upon the only man who knew or cared much about the subject.'

The wide experience to be gained at the Scots Bar has its advantages. It does not enable one to become such an expert in any single department as the English specialist... but it tends to a sound knowledge of the legal principles common to all branches of the law. The Scottish Judges have always been more interested in principle than in precedent and the Bar have conformed to this lead. In the House of Lords this feature of Scottish advocacy has been often remarked and admired.

Early every morning a van calls to take his brief bag up to the Parliament House, where his papers are trustingly displayed in his box in the public corridor of the Courts and whence they are brought home again after the day's work.

But while in these first years the prospects of success are apt to seem remote and high hopes seem doomed to frustration, the worst thing to do is to eat one's heart out in idleness. There are many occupations which can be devised to improve one's fitness to profit by the chance when it does come.

It seemed a wonderful thing to me to be a member of a great Faculty whose history and traditions went back to the earliest times and to be entitled to exercise a profession which I then thought and still think to require the highest gifts of mind and character for its worthy pursuit.

In those days there were no Scottish Q.C.s or K.C.s, though it was customary to confer the rank of Queen's Counsel on the Lord Advocate of the day by admitting him to the English roll of silks... the Scottish roll of Queen's Counsel was instituted... in 1897.

"Devilling", properly so called, by which is designated in England the system whereby a young barrister assists a busy counsel by digesting and annotating his papers, looking up authorities, drafting opinions, and sometimes holding his brief for him in Court, is not know and indeed is not permitted in Scotland.