when did the doctrine of precedent begin to emerge in english common law
Common law The doctrine of precedent developed during the 12th and 13th centuries,[73] as the collective judicial decisions that were based in tradition, custom and precedent.[74]
Habeas corpus in the United States Habeas corpus derives from the English common law where the first recorded usage was in 1305, in the reign of King Edward I of England. The procedure for the issuing of writs of habeas corpus was first codified by the Habeas Corpus Act 1679, following judicial rulings which had restricted the effectiveness of the writ. A previous act had been passed in 1640 to overturn a ruling that the command of the Queen was a sufficient answer to a petition of habeas corpus. Winston Churchill, in his chapter on the English Common Law in The Birth of Britain, explains the process thus: