Hue and Cry....

‘Stop Thief - Call the Sheriff – and Form a Posse’.

If the Earp brothers at the OK Corral shootout on 26th October 1881 had only known that they were continuing the office of Sheriff that went back to medieval times in England, I think that they would have been maybe just a little bit surprised.

After the Norman’s invaded and conquered England in 1066, King Alfred the Great began to put his mark on the country. He divided it up into ‘Shires’, (as in Yorkshire, Shropshire etc.). They were called ‘Soires’. They were the forerunners of the now County Councils. An overseer was appointed by the Monarch to look after his interests. They were known as ’Reeves’. Thus the name Sheriff arrived – ‘Shire-reeve’. They were given a great deal of authority and were expected to enforce the laws on the inhabitants. Their roles were similar to to-day’s police and army. He was responsible for supplying men for an army during times of war or invasion.

Every man in the county was obliged by law when called to do so by the Sheriff, ‘to pursue and arrest felons’. This was known as raising ‘the Hue and Cry’. As recent as the 1960’s, when I was at Police College, we were taught that ‘every citizen has a lawful duty to help prevent a felony and assist to arrest any felon’. Later in my service this became ‘a moral duty’.

During times of unrest or unlawfulness, the Sheriff could call together ‘a posse comitatus’ – a group of local men to help keep the peace. They were in fact a temporary police force. The ‘Wild West posse’ comes from this form of policing.

In the countryside of England, the Lords of the Manor were subject to the Sheriff. They held Manor Courts to keep their villages and local countryside lawful and peaceful. One man from each village was chosen to be their ‘Constable’. He was unpaid with a duty to report village offenders to the Manor Court, to arrest and guard criminals and could on his own ‘Raise a Hue and Cry’. The Manor Courts passed more serious criminal acts to the Sheriff’s Court.

The Coroner held a very prominent role in English law and began about 1194. The office of Coroner is probably the oldest known to English law. Again, at Police College, I was taught that in relation to court appearances, the Coroner’s Court took precedence above all other courts including the Central Criminal Court.

His primary duty was to protect the financial interest of the crown in criminal proceedings. He was also known as ‘The Keeper of the Kings Pleas’. Anyone who found a body whose death was thought to be sudden or unnatural was again legally bound to raise the ‘Hue and Cry’ and to notify the coroner. Not only could a single person be punished for failing to do his duty, but the community as a whole could also be fined.

His present duties involve the medical cause of death and to make enquires about the cause as to whether it was due to violence or other unnatural causes.

A ‘quirk’ in his responsibilities still leaves him responsible for making enquiry into issues surrounding ‘Treasure Throve’. It is his duty to decide (with a jury) as to whether gold or silver coins or plate were hidden or lost albeit many, many years ago. It is upon his decision as to whether the finder can keep it or if it must be forfeit to the Crown.

Usually in cases of the latter, the finder is ‘paid’ the estimated value and the property passed to the British Museum.

So then, next time you see someone doing a little bit of shoplifting (which is still the equivalent of a felony (arrestable offence), start a ‘Hue and Cry’ by shouting ‘Stop Thief’ and give chase. What are the odds I ask, of serious litigation to follow!

-----------------------