Hue and cry
Encyclopedia
In common law
, a hue and cry is a process by which bystanders are summoned to assist in the apprehension of a criminal
who has been witnessed in the act of committing a crime
.
By the Statute of Winchester of 1285, 13 Edw. I
cc. 1 and 4, it was provided that anyone, either a constable
or a private citizen, who witnessed a crime shall make hue and cry, and that the hue and cry must be kept up against the fleeing criminal from town
to town and from county
to county, until the felon is apprehended and delivered to the sheriff
. All able-bodied men, upon hearing the shouts, were obliged to assist in the pursuit of the criminal, which makes it comparable to the posse comitatus
. It was moreover provided that a hundred
that failed to give pursuit on the hue and cry would become liable in case of any theft
or robbery
. Those who raised a hue and cry falsely were themselves guilty of a crime.
In Oliver Twist
, Fagin
reads a magazine called the Hue and Cry which was a weekly Police Gazette
-type magazine detailing crimes and wanted people.
, hutesium et clamor, meaning "a horn and shouting". But other sources indicate that it has always been a somewhat redundant phrase meaning an outcry and cry. "Hue" appears to come from the Old French
huer which means to shout, and Old French
crier which means to cry.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, a hue and cry is a process by which bystanders are summoned to assist in the apprehension of a criminal
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
who has been witnessed in the act of committing a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
.
By the Statute of Winchester of 1285, 13 Edw. I
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
cc. 1 and 4, it was provided that anyone, either a constable
Constable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
or a private citizen, who witnessed a crime shall make hue and cry, and that the hue and cry must be kept up against the fleeing criminal from town
Town
A town is a human settlement larger than a village but smaller than a city. The size a settlement must be in order to be called a "town" varies considerably in different parts of the world, so that, for example, many American "small towns" seem to British people to be no more than villages, while...
to town and from county
County
A county is a jurisdiction of local government in certain modern nations. Historically in mainland Europe, the original French term, comté, and its equivalents in other languages denoted a jurisdiction under the sovereignty of a count A county is a jurisdiction of local government in certain...
to county, until the felon is apprehended and delivered to the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
. All able-bodied men, upon hearing the shouts, were obliged to assist in the pursuit of the criminal, which makes it comparable to the posse comitatus
Posse comitatus (common law)
Posse comitatus or sheriff's posse is the common-law or statute law authority of a county sheriff or other law officer to conscript any able-bodied males to assist him in keeping the peace or to pursue and arrest a felon, similar to the concept of the "hue and cry"...
. It was moreover provided that a hundred
Hundred (division)
A hundred is a geographic division formerly used in England, Wales, Denmark, South Australia, some parts of the United States, Germany , Sweden, Finland and Norway, which historically was used to divide a larger region into smaller administrative divisions...
that failed to give pursuit on the hue and cry would become liable in case of any theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
or robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
. Those who raised a hue and cry falsely were themselves guilty of a crime.
In Oliver Twist
Oliver Twist
Oliver Twist; or, The Parish Boy's Progress is the second novel by English author Charles Dickens, published by Richard Bentley in 1838. The story is about an orphan Oliver Twist, who endures a miserable existence in a workhouse and then is placed with an undertaker. He escapes and travels to...
, Fagin
Fagin
Fagin is a fictional character who appears as an antagonist of the Charles Dickens novel Oliver Twist, referred to in the preface of the novel as a "receiver of stolen goods", but referred to more frequently within the actual story as the "merry old gentleman" or simply the "Jew".-Character:Born...
reads a magazine called the Hue and Cry which was a weekly Police Gazette
Police Gazette
The National Police Gazette, commonly referred to as simply the Police Gazette, was an American magazine founded in 1845 by two journalists, Enoch E. Camp, also an attorney, and George Wilkes, a transcontinental railroad booster...
-type magazine detailing crimes and wanted people.
Etymology
It is possible that it is an Anglicization via Anglo-French of the LatinLatin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
, hutesium et clamor, meaning "a horn and shouting". But other sources indicate that it has always been a somewhat redundant phrase meaning an outcry and cry. "Hue" appears to come from the Old French
Old French
Old French was the Romance dialect continuum spoken in territories that span roughly the northern half of modern France and parts of modern Belgium and Switzerland from the 9th century to the 14th century...
huer which means to shout, and Old French
Old French
Old French was the Romance dialect continuum spoken in territories that span roughly the northern half of modern France and parts of modern Belgium and Switzerland from the 9th century to the 14th century...
crier which means to cry.
See also
- Citizen's arrestCitizen's arrestA citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval Britain and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.Despite the...
- Clameur de haroClameur de haroThe Clameur de Haro is an ancient legal injunction of restraint employed by a person that believes they are being wronged by another at that moment...
- AMBER AlertAMBER AlertAn AMBER Alert or a Child Abduction Emergency is a child abduction alert bulletin in several countries throughout the world, issued upon the suspected abduction of a child, since 1996...
- Nightwalker StatuteNightwalker StatuteNightwalker statutes were English statutes, in the era before modern policing, allowing or requiring night watchmen to arrest those found on the city streets and hold them until morning...