Privilege from arrest takes place by force of the election; and before a return be made, a member elected may be named of a committee, and is to every intent a member, except that he cannot vote until he is sworn.--_Memor._ 107, 108.--_D'Ewes_, 642. _col._ 2. 653. _col._ 1.--_Pet. Miscel. Parl._ 119; _Lex. Parl. c._ 23; 2 _Hats._ 22. 62. Every man must, at his peril, take notice who are members of either House returned of record.--_Lex. Parl._ 23, 4--_Inst._ 24. On complaint of a breach of privilege, the party may either be summoned, or sent for in custody of the sergeant.--1 _Grey_, 88, 95. The privilege of a member is the privilege of the House. If the member waive it without leave, it is a ground for punishing him, but cannot in effect waive the privilege of the House.--_Grey_, 140. 222. For any speech or debate in either House, they shall not be questioned in any other place.--_Const. U. S._, Art. I. Sec. 6. _S. P. protest of Commons to James I._ 1621. 2 _Rapin._ No. 54 p. 211, 212. But this is restrained to things done in the House in a Parliamentary course, 1 _Rush_, 663.--For he is not to have privilege contra morem parliamentarium, to exceed the bounds and limits of his place and duty.--_Com._ p. If an offence be committed by a member in the House, of which the House has cognizance, it is an infringement of their right for any person or court to take notice of it, till the House has punished the offender, or referred him to a due course.--_Lex. Parl._ 63. Privilege is in the power of the House, and is a restraint to the proceeding of inferior courts; but not of the House itself.--2 _Nalson_, 450; 2 _Grey_, 399. For whatever is spoken in the House, is subject to the censure of the House; and offences of this kind have been severely punished, by calling the person to the bar to make submission, committing him to the Tower, expelling the House, &c.--_Scob._ 72; _Lex. Parl. c._ 22. It is a breach of order, for the Speaker to refuse to put a question which is in order.--_Hats._ 175, 176; 5 _Grey_, 133.