Hue and cry: Difference between revisions

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By the [[Statute of Winchester]] of 1285, [[13 Edw. 1]]. St. 2. c. 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 (common law)|posse comitatus]]''. It was moreover provided that "the whole [[hundred (division)|hundred]] ... shall be answerable" for the [[theft]] or [[robbery]] committed, in effect a form of [[collective punishment]]. Those who raised a hue and cry falsely were themselves guilty of a crime.<ref name="googlebooks">{{cite book|url=https://books.google.com/books?id=cTILAAAAYAAJ&q=original%20text%20of%20Statute%20of%20Winchester%201285&pg=PA77|title=Statute of Winchester|year=1901|editor=Adams, George Burton|editor2=Henry Morse Stephens|name-list-style=amp|access-date=2011-11-08}}</ref>
By the [[Statute of Winchester]] of 1285, [[13 Edw. 1]]. St. 2. c. 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 between the ages of fifteen and sixty, upon hearing the shouts, were obliged to assist in the pursuit of the criminal, which makes it comparable to the ''[[posse comitatus (common law)|posse comitatus]]''.<ref name="misprision">{{cite journal |last1=Glazebrook |first1=P. R. |title=Misprision of Felony - Shadow or Phantom? |journal=The American Journal of Legal History |date=July 1964 |volume=8 |issue=3 |pages=199-200 |doi=10.2307/844169 |access-date=15 June 2025}}</ref> It was moreover provided that "the whole [[hundred (division)|hundred]] ... shall be answerable" for the [[theft]] or [[robbery]] committed, in effect a form of [[collective punishment]]. Those who raised a hue and cry falsely were themselves guilty of a crime.<ref name="googlebooks">{{cite book|url=https://books.google.com/books?id=cTILAAAAYAAJ&q=original%20text%20of%20Statute%20of%20Winchester%201285&pg=PA77|title=Statute of Winchester|year=1901|editor=Adams, George Burton|editor2=Henry Morse Stephens|name-list-style=amp|access-date=2011-11-08}}</ref>


The hue and cry was utilized in medieval European towns and villages as a means of community policing.<ref>{{cite journal|url=https://academic.oup.com/histres/article-abstract/87/236/179/5603440|title=The hue and cry in medieval English towns|year=2014|last = Sagui|first = Samantha|journal =  Historical Research|volume = 87}}</ref>
The hue and cry was utilized in medieval European towns and villages as a means of community policing.<ref>{{cite journal|url=https://academic.oup.com/histres/article-abstract/87/236/179/5603440|title=The hue and cry in medieval English towns|year=2014|last = Sagui|first = Samantha|journal =  Historical Research|volume = 87}}</ref>

Revision as of 21:44, 15 June 2025

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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.

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Template:Short descriptionScript error: No such module "Infobox".Template:Template otherScript error: No such module "Check for unknown parameters". Template:Short descriptionScript error: No such module "Infobox".Template:Template otherScript error: No such module "Check for unknown parameters". By the Statute of Winchester of 1285, 13 Edw. 1. St. 2. c. 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 between the ages of fifteen and sixty, upon hearing the shouts, were obliged to assist in the pursuit of the criminal, which makes it comparable to the posse comitatus.[1] It was moreover provided that "the whole hundred ... shall be answerable" for the theft or robbery committed, in effect a form of collective punishment. Those who raised a hue and cry falsely were themselves guilty of a crime.[2]

The hue and cry was utilized in medieval European towns and villages as a means of community policing.[3]

The oath of office for constables in the United States state of Tennessee specifically mentions that it is the duty of the constable to sound the hue and cry.[note 1]

Etymology

It is possible that the term is an Anglicization via Anglo-French of the Latin Script error: No such module "Lang"., meaning "a horn and shouting".[4] 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. "Hue" appears to come from the Old French Script error: No such module "Lang"., which means "to shout", and "cry" from Old French Script error: No such module "Lang". ("to cry").[5][6][7][8]

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 is a 1947 British film, which culminates in a call made to local children over the radio to join in the hunt to apprehend the villains.

See also

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Notes

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References

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Further reading

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