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raising the hue and cry

statute of winchester - 1285

                                                                                                AUDIO RECORDING see "Intro 1"

THE HUE AND CRY - a better way ?

IMAGINE THAT A CRIME HAS JUST TAKEN PLACE                           
someone has grabbed an elderly woman's purse and is running away with it
heeeelp !! she cries out plaintively
now, what if every single person within hearing distance
stop whatever it is that they are doing
and to join all others within hearing distance
in giving chase to this would-be thief
what if a domestic dispute is going on
and some guy begins to violently beat his wife right out in public
what if every single able bodied persons stopped whatever it is that they are doing,
in order to intervene, as a group
this is exactly what you have been told, all of your life, not to do
nay, rather the pretended "experts" tell you to just let the criminal get away with his crime
you are then to call the police
and get a police report
while this system might work good inside the inner city, when it works correctly,
it does not work so good when the mayor and/or other political forces
tell these police to stand down and let the city burn,
as happened in most major cities throughout these united states
during the summer of 2020,
not coincidentally right before a major national election
it is said that when things go horribly awry, as they did then,
and are continuing to do now,
that a people will look back into their own history
in an attempt to see exactly where things began to go wrong, and why
that is what we will do here
in this case, such a search leads us into early colonial law and ancient english common law,
in addition to the ancient rights of freemen,
which can be traced, at least, back to the concept of isonomia,
as understood 2400 years ago by the ancient greeks,
the same ones who perfected the system of hoplite warfare
i.e. a citizen army, subject to muster
the system of responding to the hue and cry was codifed in 1285 by the english king edward I
the duty to be armed, so as to be able to respond to the call or to the muster, had already been codified, prior to that, by the assize of 1181
this is the system which was used for criminal justice in england,
from 1285 until the mid-1800s, as the london municipal police were formed,
becoming the model for cities, throughout the world
while this was happening, these legal concepts and centuries old practices were imported
into these united states, along with the english common law
the posse of the wild west is probably the most well known example of this
that is the posse comitatus, with the name having been shortened in practice
the same posse comitatus, of ancient freemen continues to exist, this day, here and now,
only everyone has forgotten about it
the same with responding to the hue and cry
the duties and obligations owed thereby continue to exist in many forms
but with few realizing what the actual origin of them is/was
today, we have problems with huge amounts of persons unlawfully entering
across our southern border,
with apparent acquiesence, if not downright encouragement
by politicians and police and army whose duty it is to put a stop to this
before the heirs to the rail barons and robber barons,
once rail stations, now having become cities



AUDIO RECORDING   see "Intro 2"

the statute of winchester (1285) (aka statute of winton) was enacted by Edward I, in response to widespread and continuous lawlessness throughout the land
this statute reformed the system of watch and ward (watchmen) of the assize of arms (1252), and revived the jurisdiction of the local courts.
it was the primary legislation enacted to regulate the policing of the country between the norman conquest and the metropolitan police act of 1829
of particular note was the requirement to raise the hue and cry and that "the whole hundred shall be answerable" for any theft or robbery
in effect a form of collective responsibility 
the system of watch and ward developed in 13th century England to preserve the peace in local communities
guards were appointed and the duties of the constables at night (watch) and in daytime (ward) were defined
town gates remained closed from dusk until dawn
strangers had to produce sureties to prove their identity and business
up to 16 men maintained the watch in cities, twelve in boroughs, and four in smaller communities
modifications to the system were eventually incorporated in the statute of winchester of 1285
the assize of arms of 1181 was a proclamation by king henry II of england concerning the obligation of all freemen of england to possess and bear arms in the service of king and realm and to swear allegiance to the king, on pain of "vengeance, not merely on their lands or chattels, but on their limbs".
this assize stipulated precisely what military equipment that each man should keep with him according to his rank and wealth
the assize effectively revived the old anglo-saxon fyrd duty
this assize also established restrictions on weapon ownership
every knight was to arm himself with a coat of mail, and shield and lance
every freeholder with lance and hauberk
every burgess and poorer freeman with lance and an iron helmett
this universal levy of the armed nation was wholly at the disposal of the king for defense
by his assize of arms henry restored the ancient anglo-saxon militia system
and supplied a counterbalance to the military power of the great feudatories

" in all these measures (Assize of Arms, &c.) we may trace one main object, the strengthening of the Royal power, and one main means, or directing principle—the doing so by increasing the safety and security of the people. Whatever was done to help the people, served to reduce the power of the great feudal baronage, to disarm their forces, to abolish their jurisdictions, to diminish their chances of tyranny.— Thomas Haughton "

early concepts of policing in britain were based on the ancient laws which relied heavily on all subjects of the crown having a responsibility to assist in maintaining law and order
the posse comitatus originated in ninth century england along with the creation of the office of sheriff
henry II of england also promulgated the assize of arms in 1181 which created an obligation on all freemen of england to possess and bear arms in the service of king and realm
the assize, as has been noted, stipulated precisely what military equipment each man should keep and maintain according to his rank and wealth
the ordinance of 1233 required the appointment of watchmen
the ordinance of 1252 provided for the enforcement of the assize of arms of 1181 and the appointment of constables to summon men to arms, quell , breaches of the peace and to deliver offenders to the sheriff. It expanded the 1181 assize of arms by adding the system of watch and ward while pointing the way forward to subsequent legislation along similar lines by edward I and henry IV
the statute of winchester (1285) was the primary law that regulated the policing from the period after the norman conquest until the nineteenth century
of particular note was the requirement to raise the hue and cry, and that "the whole hundred … shall be answerable" for any theft or robbery, in effect a form of collective responsibility
the metropolitan police act of 1829 was an act of parliament introduced by sir robert peel
the act established the metropolitan police of london (with the exception of the city), replacing the previously disorganized system of parish constables and watchmen