Legal Definitions - hutesium et clamor

The term hutesium et clamor is Law Latin for "hue and cry." Historically, it referred to a common lawprocedure where a person who had been robbed or assaulted, or who witnessed a crime, was required to raise an immediate public alarm. This alarm, often a loud shout or cry, legally obligated all able-bodied citizens within earshot to assist in the pursuit and apprehension of the suspected criminal. Failure to join the pursuit could result in legal penalties for those who ignored the call.

In essence, hue and cry was a system of community-based law enforcement, relying on the immediate and collective action of the public in response to a crime or emergency.

Here are some examples illustrating the concept of hue and cry:

• Imagine a medieval village where a merchant discovers his stall has been ransacked and his goods stolen. He immediately begins shouting, "Thief! Thief! Help!" at the top of his lungs. Upon hearing his desperate cries, other villagers drop what they are doing and join the merchant in chasing after the fleeing suspect, forming an impromptu posse. This scenario perfectly demonstrates hutesium et clamor, as the merchant's public alarm (the "hue and cry") compels the community to participate in the pursuit of the criminal.

• Consider a bustling marketplace in a historical setting. A pickpocket snatches a purse from a shopper, who instantly lets out a piercing scream and points at the fleeing individual, yelling, "Stop him! He stole my purse!" Several nearby vendors and shoppers, alerted by the commotion, immediately turn their attention to the thief, some attempting to block his path while others join the chase. This situation exemplifies hutesium et clamor because the victim's loud and public outcry serves as an urgent call for collective action, prompting bystanders to intervene and assist in apprehending the offender.

• In a more modern, though analogous, context, think of a neighborhood watch program. If a resident observes someone breaking into a neighbor's home, they might activate a community alert system or loudly shout to draw attention, perhaps yelling, "Intruder! Call the police!" While not carrying the same strict legal obligation as historical hue and cry, this public alarm aims to mobilize immediate community awareness and response, encouraging neighbors to call emergency services, observe, or take other appropriate action to address the threat. It captures the spirit of a public call for collective assistance in response to a perceived danger.