A Treatise upon the Law, Privileges, Proceedings and Usage of Parliament

First edition
Author	Thomas Erskine May
Country	United Kingdom
Language	English
Subject	Great Britain – Parliament – Rules and practice
Publisher	Charles Knight & Co
Publication date	1844
Media type	Print
Pages	496
OCLC	645178915
Dewey Decimal	328.41 22
LC Class	JN594 .M24 1844
Website	https://erskinemay.parliament.uk/

Erskine May:
Parliamentary Practice
Erskine May's Treatise on the Law, Privileges, Proceedings and Usage of Parliament

24th edition
Author	Malcolm Jack (editor) et al
Country	United Kingdom
Language	English
Subject	Great Britain – Parliament – Rules and practice
Publisher	LexisNexis
Publication date	2011
Media type	Print
Pages	1097
ISBN	978-1-4057-5106-3
OCLC	699769590
Dewey Decimal	328.41 22
LC Class	KD4354 .M38 2004 (23rd ed)

This article is part of a series on
Politics of the United Kingdom
Constitution Magna Carta Bill of Rights Treaty of Union (Acts of Union) Parliamentary sovereignty Rule of law Separation of powers Other constitutional principles
The Crown The Monarch (list) Charles III Heir apparent William, Prince of Wales Royal family Succession Prerogative Counsellors of State
Executive Privy Council Charles III (King-in-Council) HM Government Prime Minister (list) Rishi Sunak (C) Deputy Prime Minister Dominic Raab (C) Cabinet (list) Departments Ministers Agencies
Legislature UK Parliament Charles III (King-in-Parliament) House of Lords Lord Speaker The Lord McFall of Alcluith House of Commons Speaker Sir Lindsay Hoyle Leader of the Opposition Sir Keir Starmer (L) 58th Parliament Opposition List of MPs
Judiciary Charles III (King-on-the-Bench) Supreme Court President The Lord Reed Deputy President The Lord Hodge Justices of the Supreme Court UK England and Wales Scotland NI
Bank of England Governor Andrew Bailey Deputy Governors Monetary Policy Committee Currencies Banknotes Coins
Elections and referendums UK Parliament constituencies (2023 Periodic Review of Westminster constituencies) Political parties Political Parties, Elections and Referendums Act 2000 Fixed-term Parliaments Act 2011 Scottish Parliament constituencies and electoral regions Senedd constituencies and electoral regions UK general elections 1801 co-option 1802 1806 1807 1812 1818 1820 1826 1830 1831 1832–33 1835 1837 1841 1847 1852 1857 1859 1865 1868 1874 1880 1885 1886 1892 1895 1900 1906 1910 (Jan–Feb) 1910 (Dec) 1918 1922 1923 1924 1929 1931 1935 1945 1950 1951 1955 1959 1964 1966 1970 1974 (Feb) 1974 (Oct) 1979 1983 1987 1992 1997 2001 2005 2010 2015 2017 2019 Next European Parliament elections (1979–2019) 1979 1984 1989 1994 1999 2004 2009 2014 2019 Scottish Parliament elections 1999 2003 2007 2011 2016 2021 Next Northern Ireland Assembly elections 1998 2003 2007 2011 2016 2017 2022 Next Senedd elections 1999 2003 2007 2011 2016 2021 Next UK referendums 1975 2011 2016
Devolution Interministerial Standing Committee Legislative consent motions England Governance of England English votes for English laws Greater London Authority 1998 referendum Greater London Authority Act 1999 (2007 Act) Mayor of London Sadiq Khan Mayoral cabinet London Assembly London Plan Combined authorities Metro mayors Cornwall Council Northern Ireland Northern Ireland Act 1998 (2006 Act) First Minister Vacant deputy First Minister Vacant Executive Assembly Act of the Northern Ireland Assembly Law of Northern Ireland Scotland History of Scottish devolution 1997 referendum Scotland Act 1998 (2012 Act, 2016 Act) First Minister Nicola Sturgeon Government Scottish Parliament Act of the Scottish Parliament Scottish statutory instrument Scots law Wales Welsh devolution 1997 referendum (2011 referendum on law-making powers) Government of Wales Act 1998 (2006 Act, Wales Act 2014, Wales Act 2017) First Minister Mark Drakeford Government Senedd Measure of the National Assembly for Wales (1999–2011) Act of Senedd Cymru Welsh law
Administration England History Subdivisions: Regions Ceremonial counties (list) Metropolitan and non-metropolitan counties Metropolitan county Non-metropolitan county Greater London Unitary authorities (list) Districts (list) Metropolitan Borough Non-metropolitan District London Borough Civil parishes (list) Historic counties Northern Ireland History Subdivisions: Counties Districts Scotland History Subdivisions: Sheriffdoms Council areas Community council areas Civil parishes Shires of Scotland Wales History Preserved counties Principal areas Communities (list) Historic counties
Crown Dependencies Bailiwick of Guernsey (Guernsey Alderney Sark) Bailiwick of Jersey Isle of Man British Islands Common Travel Area
Overseas Territories Akrotiri and Dhekelia Anguilla Bermuda British Antarctic Territory British Indian Ocean Territory British Virgin Islands Cayman Islands Falkland Islands Gibraltar Montserrat Pitcairn Islands Saint Helena, Ascension and Tristan da Cunha (Saint Helena Ascension Island Tristan da Cunha) South Georgia and the South Sandwich Islands Turks and Caicos Islands British Overseas Territories citizen Visa requirements Visa policies British Overseas Territories Act 2002 Chagos Archipelago sovereignty dispute Gibraltar sovereignty dispute Falkland Islands sovereignty dispute
Foreign relations Foreign, Commonwealth and Development Office Foreign policy (history) Diplomatic missions of / in the United Kingdom UK passport British National (Overseas) passport Visa requirements UK–CD Customs Union Visa policy Trade agreements Australia Barbados Belgium Belize Brunei Canada China Hong Kong Cyprus Denmark France Germany India Israel Italy Japan Kenya Malaysia Malta Netherlands New Zealand Norway Russia Saudi Arabia Singapore Spain South Africa Palestine Pakistan Poland Portugal United States Zimbabwe Ireland politics of Northern Ireland Good Friday Agreement UK–Ireland border Northern Ireland Protocol British–Irish Council European Union (history) Brexit Post-Brexit United Kingdom relations with the European Union UK–EU withdrawal agreement The Commonwealth member states United Kingdom and the United Nations United Nations Security Council P5 NATO G20 G7
United Kingdom portal England Northern Ireland Scotland Wales Other countries
v t e

Erskine May (full title: Erskine May: Parliamentary Practice, original title: A Treatise upon the Law, Privileges, Proceedings and Usage of Parliament) is a parliamentary authority originally written by British constitutional theorist and Clerk of the House of Commons, Thomas Erskine May (later the 1st Baron Farnborough).^[1][2]

Erskine May is considered to be the most authoritative and influential work on parliamentary procedure and the constitutional conventions affecting Parliament which form a major part of the uncodified UK constitution. It is not a rigid set of rules but a description of how the procedure evolved and of the conventions.^[2] Such is the authority of the text that it is regarded as analogous to part of the constitution itself.^[3]

Since its first publication in 1844, the book has frequently been updated. Erskine May edited nine editions of the book in his lifetime. Updates have continued into the present day; the 25th edition was published on 28 May 2019. The Speaker's Commission on Digital Democracy recommended in 2015 that "Erskine May, the definitive guide to parliamentary procedure, should be freely available online by the time the next edition is produced."^[4] This took effect in July 2019 with the 25th edition.^[5]

The work has been influential outside the United Kingdom, particularly in countries that use the Westminster system.

Editions

Contents of the book

Contents of 1st edition

• Book I: Constitution, Powers, and Privileges of Parliament.
  • Chapter I: Preliminary view of the constituent parts of Parliament: The Crown, The Lords Spiritual and Temporal, and the Knights, Citizens, and Burgesses; with incidental reference to their ancient history and constitution.
  • Chapter II: Power and Jurisdiction of Parliament collectively. Rights and Power of each of its constituent parts.
  • Chapter III: General view of the Privileges of Parliament: Power of commitment by both Houses for Breaches of Privilege. Causes of commitment cannot be inquired into by Courts of Law; nor the prisoners admitted to bail. Acts construed as Breaches of Privilege. Different punishments inflicted by the two Houses.
  • Chapter IV: Privilege of Freedom of Speech confirmed by the ancient law of Parliament and by statute: its nature and limits.
  • Chapter V: Freedom from Arrest or Molestation: its antiquity; limits, and mode of enforcement. Privilege of not being impleaded in civil actions: of not being liable to be summoned by subpoena or to serve on juries. Commitment of Members by Courts of Justice. Privilege of witnesses and others in attendance on Parliament.
  • Chapter VI: Jurisdiction of Courts of Law in matters of Privilege.
• Book II: Practice and Proceedings in Parliament.
  • Chapter VII: Introductory remarks. Meeting of a new Parliament. Election and Royal Approbation of the Speaker of the Commons. Oaths. Queen's Speech, and Addresses in answer. Places of Peers and Members of the House of Commons. Attendance on the service of Parliament. Office of Speaker in both Houses. Principal Officers. Journals. Admission of Strangers. Prorogation.
  • Chapter VIII: Motions and Questions. Notices of Motions. Questions moved and seconded. Motions withdrawn. Questions superseded by Adjournment; or by reading the Orders of the Day. Previous Questions. New Questions substituted by Amendment. Complicated Questions. Questions put.
  • Chapter IX: Amendments to Questions; and Amendments to proposed Amendments.
  • Chapter X: The same Question or Bill may not be twice offered in a Session.
  • Chapter XI: Rules of Debate: Manner and time of speaking: Rules and orders to be observed by Members in speaking, and in attending to Debates.
  • Chapter XII: Divisions. Mode of dividing in both Houses. Proxies and Pairs. Protests. Members personally interested.
  • Chapter XIII: Committees of the whole House: General rules of proceeding: Chairman: Motions and Debate: House resumed.
  • Chapter XIV: Appointment, Constitution, Powers and Proceedings of Select Committees in both Houses.
  • Chapter XV: Witnesses: Modes of Summons and Examination: Administration of Oaths: Expenses.
  • Chapter XVI: Communications between the Lords and Commons: Messages and Conferences: Joint Committees, and Committees communicating with each other.
  • Chapter XVII: Communications from the Crown to Parliament: Their forms and character: How acknowledged: Addresses to the Crown: Messages to Members of the Royal Family; and communications from them.
  • Chapter XVIII: Proceedings of Parliament in passing Public Bills; Their several stages in both Houses. Royal Assent.
  • Chapter XIX: Ancient mode of petitioning Parliament: Form and character of modern Petitions: Practice of both Houses in receiving them.
  • Chapter XX: Accounts, Papers and Records presented to Parliament: Printing and distribution of them: Arrangement and statistical value of Parliamentary Returns.
  • Chapter XXI: Progressive influence of the Commons in granting Supplies, and imposing Burthens upon the People. Exclusion of the Lords from the right of amending Money Bills. Constitutional functions of the Crown and of the Commons, in matters of Supply. Modern rules and practice in voting Money and imposing Pecuniary Burthens. Committees of Supply and Ways and Means.
  • Chapter XXII: Issue of Writs, and Trial of Controverted Elections by the House of Commons.
  • Chapter XXIII: Impeachment by the Commons; grounds of accusation; form of charge; articles of impeachment; the trial and judgment: proceedings not concluded by prorogation or dissolution; pardon not pleadable. Trial of Peers. Bills of Attainder and of Pains and Penalties.
• Book III: The Manner of passing Private Bills.
  • Chapter XXIV: Distinctive character of Private Bills: preliminary view of the proceedings of Parliament in passing them.
  • Chapter XXV: Conditions to be observed by parties before Private Bills are introduced into Parliament: Notices and deposit of plans, &c.: Estimates and subscription contracts.
  • Chapter XXVI: Course of proceedings upon Private Bills introduced into the House of Commons; with the rules, orders, and practice applicable to each stage of such Bills in succession, and to particular classes of Bills.
  • Chapter XXVII: Course of Proceedings in the Lords upon Private Bills sent up from the Commons.
  • Chapter XXVIII: Rules, orders, and course of proceedings in the Lords upon Private Bills brought into that House upon Petition; and proceedings of the Commons upon Private Bills brought from the Lords. Local and Personal, and Private Acts of Parliament.
  • Chapter XXIX: Fees payable by the parties promoting or opposing Private Bills. Costs of Parliamentary Agents and others.^[6]

Contents of 24th edition

• Part 1: Constitution and organization of Parliament
  • Chapter 1: The constituent parts of Parliament
  • Chapter 2: Elections
  • Chapter 3: Disqualification for membership of either House
  • Chapter 4: Members and Officers of Parliament [including Payment of Members]
  • Chapter 5: Rules governing the conduct of Members of both Houses and the disclosure of financial interests
  • Chapter 6: Administration of Parliament and the Parliamentary Estate
  • Chapter 7: Parliamentary papers and publications
  • Chapter 8: A new Parliament and opening and closing of session
  • Chapter 9: Formal communications between Crown and Parliament and between Lords and Commons
  • Chapter 10: Parliament and international assemblies
• Part 2: Powers and privileges of Parliament
  • Chapter 11: Power and jurisdiction of Parliament [including Summoning of witnesses and Penal jurisdiction of both Houses]
  • Chapter 12: The privilege of Parliament
  • Chapter 13: Privilege of freedom of speech
  • Chapter 14: Privilege of freedom from arrest
  • Chapter 15: Contempts
  • Chapter 16: Complaints of breach of privilege or contempt
  • Chapter 17: The courts and parliamentary privilege
• Part 3: Conduct of business
  • Chapter 18: A sitting: general arrangements in the House of Commons
  • Chapter 19: The control and distribution of time in the House of Commons
  • Chapter 20: Outline of the business of the House of Commons
  • Chapter 21: The process of debate in the House of Commons by motion, question and decision
  • Chapter 22: Maintenance of order during debates in the House of Commons
  • Chapter 23: Methods of curtailing debate
  • Chapter 24: Public petitions
  • Chapter 25: Organization and conduct of business in the House of Lords
• Part 4: Public legislation
  • Chapter 26: Preliminary view of public bills [including Pre-legislative scrutiny]
  • Chapter 27: Proceedings on public bills in the House of Commons [including Committee of the whole House]
  • Chapter 28: Proceedings on public bills in the House of Lords
  • Chapter 29: Proceedings on public bills: matters affecting both Houses [including ping-pong and Parliament Acts]
  • Chapter 30: Delegated legislation
  • Chapter 31: Parliamentary oversight of European Union matters
• Part 5: Financial procedure
  • Chapter 32: Financial procedure – general
  • Chapter 33: Public expenditure and Supply
  • Chapter 34: Expenditure: Money resolutions
  • Chapter 35: Ways and Means and Finance Bills
  • Chapter 36: The role of the House of Lords in financial procedure
• Part 6: Committees
  • Chapter 37: Select committees in the House of Commons
  • Chapter 38: General committees in the House of Commons
  • Chapter 39: Select committees in the House of Lords
  • Chapter 40: Joint committees of the Lords and Commons
• Part 7: Private legislation
  • Chapter 41: Preliminary view of private bills
  • Chapter 42: Preliminary proceedings in both Houses on private bills
  • Chapter 43: Petitions in favour of, against, or relating to private bills in the House of Commons; and the Court of Referees
  • Chapter 44: Proceedings in the House of Commons on private bills
  • Chapter 45: Proceedings on private and personal bills in the House of Lords^[8][9]