common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

, a hue and cry is a process by which bystanders are summoned to assist in the apprehension of a

criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...

who has been witnessed in the act of committing a

crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...

History

By the

Statute of Winchester The Statute of Winchester of 1285 (13 Edw. I, St. 2; Law French: '), also known as the Statute of Winton, was a statute enacted by King Edward I of England that reformed the system of Watch and Ward ( watchmen) of the Assize of Arms of 1252, and r ...

of 1285, 13 Edw. I statute 2. capitulum 4, it was provided that anyone, either a

constable A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...

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 A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world. Origin and use The word "town" shares an o ...

to town and from

county A county is a geographic region of a country used for administrative or other purposes Chambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...

to county, until the felon is apprehended and delivered to the

sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

. 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 The ''posse comitatus'' (from the Latin for "power of the county/community/guard"), frequently shortened to posse, is in common law a group of people mobilized by the conservator of peace – typically a reeve, sheriff, chief, or another speci ...

''. It was moreover provided that "the whole

hundred 100 or one hundred (Roman numeral: C) is the natural number following 99 and preceding 101. In medieval contexts, it may be described as the short hundred or five score in order to differentiate the English and Germanic use of "hundred" to des ...

… shall be answerable" for the

theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for som ...

robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...

committed, in effect a form of

collective punishment Collective punishment is a punishment or sanction imposed on a group for acts allegedly perpetrated by a member of that group, which could be an ethnic or political group, or just the family, friends and neighbors of the perpetrator. Because ind ...

. Those who raised a hue and cry falsely were themselves guilty of a crime. The oath of office for

constables A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...

Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. Tennessee is the List of U.S. states and territories by area, 36th-largest by ...

, USA specifically mentions that it is the duty of the constable to sound the hue and cry.T.C.A. 8-10-108(b): ...according to the 1960 federal census or any subsequent federal census, and in Fentress County and Hamblen County, every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will cause the peace of the state to be kept, to the best of the constable's power; that the constable will arrest all such persons as go in the constable's sight armed offensively, or who commit any riot, affray, or other breach of the peace, or will use the constable's best endeavor, on complaint made, to apprehend all felons, rioters, or persons riotously assembled; and that, if such persons flee or make resistance, the constable will pursue, and make hue and cry, according to law; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable.

Etymology

It is possible that the term is an Anglicization via Anglo-French of the

Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...

', meaning "a horn and shouting". Other sources indicate that it has always been a somewhat redundant phrase meaning an outcry and cry, though such "redundancy" is a feature of the

legal doublet A legal doublet is a standardized phrase used frequently in English legal language consisting of two or more words that are irreversible binomials and frequently synonyms, usually connected by "and", such as "null and void". The order of the word ...

. "Hue" appears to come from the

Old French Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intel ...

', which means "to shout", and "cry" from Old French ' ("to cry").

Cultural references

*From the late 18th century until 1839, ''Hue and Cry'' was a principal or variant title for the weekly newspaper, containing details of crimes and wanted people, that afterwards became better known as the '' Police Gazette''. * Hue and Cry: a newspaper advertisement that offered rewards for the recapture of slaves who had escaped their masters.

History

Etymology

Cultural references

See also

Notes

References

Further reading