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Hue and cry facts for kids

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This page is about a common law term. For other uses, see Hue and Cry.

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.

History

Quick facts for kids
Hue and Cry Act 1734
Act of Parliament
Long title An Act for the Amendment of the Law relating to Actions on the Statute of Hue and Cry.
Citation 8 Geo. 2. c. 16
Dates
Royal assent 15 May 1735
Other legislation
Repealed by Criminal Statutes Repeal Act 1827
Status: Repealed
Hue and Cry Act 1748
Act of Parliament
Long title An Act for remedying Inconveniencies which may happen by Proceedings in Actions on the Statutes of Hue and Cry.
Citation 22 Geo. 2. c. 24
Dates
Royal assent 26 May 1749
Other legislation
Repealed by Criminal Statutes Repeal Act 1827
Status: Repealed

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. 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.

The oath of office for constables in Tennessee, USA specifically mentions that it is the duty of the constable to sound the hue and cry.

Etymology

It is possible that the term is an Anglicization via Anglo-French of the Latin hutesium et clamor, 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. "Hue" appears to come from the Old French huer, which means "to shout", and "cry" from Old French crier ("to cry").

See also

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