HABEAS CORPUS CUM CAUSA - THE EMERGENCE OF THE MODERN WRIT-I

Abstract

In this article the author thoroughly examines the writ of habeas corpus cum causa. First, the author examines the origins of, and the history surrounding habeas corpus. Next, the author examines the development of habeas corpus cum causa and discusses it in relation to the writs of certiorari and privilege. The author then discusses the use of habeas corpus in the form of habeas corpora, as well as its use in connection with the writ of audita querela. In conclusion, the author discusses the place of habeas corpus in the struggle between the common law courts and their rivals, and examines the writ in its form of corpus cum causa as it developed in the sixteenth century, as well as the development of the writ of habeas corpus ad subjiciendum.