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20 Oct

posse comitatus etymology

arrest in civil suits, the sheriff is not bound to take the posse comitatus Ab. Possum, Posse, Potui +infinitive. protected. posse (n.) 1640s (in Anglo-Latin from early 14c. Corrections? Posse Comitatus is a Latin term that is sometimes taken to mean that the county is the highest legitimate government body. Posse comitatus definition, the body of persons that a peace officer of a county is empowered to call upon for assistance in preserving the peace, making arrests, and serving writs. Embracing this view, Beach declared that a county’s citizens, as defined by its laws, could deny state and federal authority to tax, regulate, and govern. his aid the posse comitatus. N. P. 63; 5 Whart. In a case where 314. What does posse-comitatus mean? In the second half of the 20th century, the idea of the posse comitatus was influential in the United States among political extremists who argued that no legitimate authority exists above the level of the county. that any person who obeys his command, unless aware of that fact, will be William Porter Gale helped organize the Posse Comitatus—Latin for “power to the county”—on the principle of local governmental authority at the county level and elimination of federal authority. This act was amended five times in the 1980s, largely to allow for the use of military resources to combat trafficking in illicit narcotics. From time to time, legislation gave authority to other peace officers and magistrates to call upon the power of the county. 3. Fourth Stem. [from 17th c.] (now historical, in later use chiefly US) A group of people summoned to help law enforcement. 1990. ), from Medieval Latin posse "body of men; power," from Latin posse "have power, be able" (see potent) + comitatus "of the county," genitive of Late Latin word for "court palace" (see comitatus). First Stem. Unless otherwise stated, the content of this page is licensed under Creative Commons Attribution-ShareAlike 3.0 License Although the primary object of the posse comitatus was to maintain peace and pursue felons under the command of the sheriff, it also was required to obey a summons for the military defense of the country. Members of the group were united by the belief that the federal government was illegitimate, being operated by Jewish interests through the Internal Revenue Service, the federal courts, and the federal reserve. Posse Comitatus (Latin for “power or force of the county”) has its historical origins in England and was a commonly exercised power of local sheriffs from the time of Alfred the Great. In early times, attendance at the posse comitatus was enforced by the penalty of culvertage, or turntail, which involved the forfeiture of property and perpetual servitude. These Latin words signify the power of the county. Sheriff, N; Hamm. Ab. Ann. In the United States, the posse comitatus was perhaps most important on the Western frontier (there known as a “posse”), and it has been preserved as an institution in many states. Coordinate term: vigilante 1.1. "Posse Comitatus" is also the name taken by a right-wing, antitax extremist group founded in 1969 by Henry L. Beach, a retired dry cleaner and one-time member of the Silver Shirts, a Nazi-inspired organization that was established in the United States after Adolf Hitler came to power in Germany. Be on the lookout for your Britannica newsletter to get trusted stories delivered right to your inbox. In 1878 the use of a posse comitatus was limited by the passage of the Posse Comitatus Act of 1878. Verb Forms. 1986, Donald R. Lavash, Sheriff William Brady, Tragic Hero of the Lincoln County War, Sunstone Press (→ISBN), page 77: 1.1.1. While the original meaning refers to a group of citizens assembled by the authorities to deal with an emergency (such as suppressing a riot or pursuing felons), the term is also used for any force or band, especially with hostile intent, often also figuratively or humorously. In this case will be found the form of an indictment for this offence. The reason that Americans … Sheriffs and other peace officers have the authority to summon the power of the county, and in some counties it is a crime to refuse assistance. follow, that he may equally require that of any individual; but to this are therefore not considered as a part of the power of the county. Originally raised and commanded by the sheriff, the posse comitatus became a purely civil instrument as the 244. authority of the writ of the United States, commonwealth or people, as the 193; 3 Inst. Please refer to the appropriate style manual or other sources if you have any questions. Posse Comitatus [Latin, Power of the county.] 5. § 70.060 [Baldwin 1996]). The current Posse movement started in the late 1960s. Third Stem. “Comitatus” means “company” or “retinue.” In other words, it refers to the local militia – those men available for service in times of crisis. Convicted for failure to pay taxes and then for violating the terms of his Probation, Kahl shot and killed three officers and wounded three others before being shot and killed himself. Posse comitatus, (Latin: “force of the county”) ancient English institution consisting of the shire’s force of able-bodied private citizens summoned to assist in maintaining public order. Ring in the new year with a Britannica Membership, https://www.britannica.com/topic/posse-comitatus. Posse comes from possum, meaning "I can, I am able to", and posse is infinitive active. Vin. posse (plural posses) 1. The notion of a posse comitatus has its roots in ancient English Law, growing out of a citizen's traditional duty to raise a "hue and cry" whenever a serious crime occurred in a village, thus rousing the fellow villagers to assist the sheriff in pursuing the culprit. [Latin, Power of the county.] general rule there are some exceptions; persons of infirm health, or who Embracing this view, Beach declared that a county’s citizens, as defined by its laws, could deny state and federal authority to tax, regulate, and govern. Omissions? Posse Comitatus [Latin, Power of the county.] The Posse Comitatus received widespread media attention in 1983 when a leader of the group, Gordon Kahl, was involved in a violent standoff with North Dakota law enforcement officers. without their solicitation, the court held him justified in so doing. Definition of posse comitatus : the power of a county: a : the entire body of the inhabitants who may be summoned by the sheriff to assist in preserving the public peace (as in a riot) or in executing a legal … ), shortening of posse comitatus"the force of the county" (1620s, in Anglo-Latin from late 13c. ), from M.L.posse"body of men, power," from L.posse"have power, be able" + comitatus"of the county," genitive of Late Latin word for "court palace" (see COMITATUS(Cf.comitatus)). 1996. New York: Viking. Get a Britannica Premium subscription and gain access to exclusive content. In a classic Western movie, when the sheriff gathers together a posse, its members usually work to find and arrest the bad guys. The term derives from the Latinposse comitātūs ("force of the county"), in English use from the late 16th century, shortened to posse from the mid-17th century. R. 437, 440. Updates? Pronunciation . The posse comitatus originated in ninth century England simultaneous with the creation of the office of sheriff. Inspired by the posse comitatus, they created their own “common law” courts, which they sometimes used to harass political enemies. https://legal-dictionary.thefreedictionary.com/posse+comitatus, regarding the background and scope of the, Sharum, The Politics of Fear and Outsourcing Emergency Powers: The Death and Rebirth of the, Coast Guard, which now operates under the Department of Homeland Security, is also not covered by the, Perhaps the most controversial and ill-understood federal law regulating domestic military operations is the, farmers in the 1970s and '80s, adherents to the, Section 1032 puts civilians who would otherwise not be subject to military control into military detention, thus removing the protections of the, And military personnel are further constrained by the, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Defense support of civil authorities: a primer on intelligence collection during civil disturbance and disaster relief operations, The posse comitatus and the office of sheriff: armed citizens summoned to the aid of law enforcement, The "1033 Program," Department of Defense support to law enforcement, Running before walking: the underlying costs of privatized violence & the future of the privatized industrial complex, The militarization of U.S. domestic policing, Police state--are there yet: under DHS we're getting close, Guarding Gotham: Airmen, Soldiers help protect the Big Apple, A soldier's-eye view of the homefront: examining domestic military laws through the lens of military doctrine, U.S. Congress enacts laws to hold civilians under indefinite military detention without trial, Certain uncertainty: preparing for an unwanted mission, Pool contractor destroyed lawn and now is refusing to pay, Possessor has right against all men but him who has the very right. The assembled group is called a posse for short. Power of the county. Press. The group operated on the belief that the true intent of the founders of the United States was to establish a Christian republic where the individual was sovereign. Such posses sharply warned first-time cattle rustlers, for instance, and usually hanged or shot second-time offenders. Posse comitatus is the common-law or statute law authority of a county sheriff, or other law officer, to conscript any able-bodied man to assist him in keeping the peace or to pursue and arrest a felon, similar to the concept of the "hue and cry." Distinguished Professor of History, Baylor University. Mathews then a… Etymology Edit The term derives from the Latin posse comitatūs, "power of the community," in English use from the late 16th century, shortened to posse from the mid 17th century. Henry L. Beach founded the Posse in 1969 in Portland, Oregon. But with respect to writs which issue, in the first instance, to "Civil War as Paradigm: Reestablishing the Rule of Law at the End of the Cold War." posse (plural posses) A group or company of people, originally especially one having hostile intent; a throng, a crowd. ), shortening of posse comitatus"the force of the county" (1620s, in Anglo-Latin from late 13c. A refusal on the part of an individual lawfully called upon to The Posse Comitatus (Latin for “power of the county”) started in 1971 as a decentralized White supremacist and antisemitic movement; it set the original template that the militia and Patriot movements have continued to follow. ), shortening of posse comitatus "the force of the county" (1620s, in Anglo-Latin from late 13c. Posse comitatus, (Latin: “force of the county”) ancient English institution consisting of the shire’s force of able-bodied private citizens summoned to assist in maintaining public order. ), shortening of posse comitatus "the force of the county" (1620s, in Anglo-Latin from late 13c. Referred at Common Law to all males over the age of fifteen on whom a sheriff could call for assistance in preventing any type of civil disorder.. Malcolm, Joyce Lee. Menu. case may be, and for the purpose of preserving the public peace, to call to Posse comitatus, (Latin: “force of the county”) ancient English institution consisting of the shire’s force of able-bodied private citizens summoned to assist in maintaining public order. posse: translation posse1640s (in Anglo-Latin from early 14c. 7. “Posse Comitatus” is a Latin phrase roughly meaning “power of the county.” “Posse” in latin is a verb which means to “be able” or to “have power”. Stems from the word “posse”, a technical term in law, shortened from “posse comitatus”, meaning “power” or “authority of the county” in Latin. Whether an individual not enjoined by the sheriff to lend his aid, Etymology . It was used to define a group of citizens gathered by the local sheriff to preserve public peace, and later became the name of a group organized to reach a common goal or mission. Beach was a retired dry cleaner and one-time member of the Silver Shirts, a Nazi-inspired organization that was established in America after Hitler rose to power in Germany. [from 17th c.] quotations ▼ A posse is group of people who help the police force when necessary. To Keep and Bear Arms. Unadapted borrowing from Latin comitatus, from comes (“ companion ”). Posse comitatus is Latin for “power of the county.” The term refers to a sheriff’s common-law authority to arrange citizens into a posse in order to enforce laws. (noun) Dictionary ! would be protected in his interference, seems questionable. (US, historical) A group of people summoned to help law enforcement.quotations ▼ 1.1. Unfortunately for the Nation, the meaning of the law was completely revised by activist judges in the 1970s, so recent case law is the opposite of the law itself. Comitatus was in ancient times the Latin term for an armed escort or retinue.The term is used especially in the context of Germanic warrior culture for a warband tied to a leader by an oath of fealty and describes the relations between a lord and his retainers, or thanes (OE þegn). the defendant assisted sheriff's officers in executing a writ of replevin “The phrase ‘posse comitatus’ is literally translated from Latin as the ‘power of the county’ and is defined at common law to refer to all those over the age of 15 upon whom a sheriff could call for assistance in preventing any type of civil disorder.” United States v. Hartley, 796 F.2d 112, 114 n.3 (5th Cir. "Posse" is a verb, "comitatus" is a noun. In general, members of a posse comitatus are permitted to use force if necessary to achieve legitimate ends, but state laws differ as to the legal liability of one who in good faith aids an officer who is himself acting beyond his authority. Cambridge: Harvard Univ. Though generally obsolete throughout the world, it remains theoretically, and … This website, including dictionary, thesaurus, literature, geography, and is... Suggestions to improve this article ( requires login ) on the lookout for Britannica... The military serving in that capacity our editors will review what you ’ ve and... Consider a bad thing to have the military serving in that capacity revise the article from early.... Serving in posse comitatus etymology capacity year with a Britannica Membership, https: //www.britannica.com/topic/posse-comitatus posses ) a group of people to... Manual or other sources if you have any questions is the highest legitimate government.! 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Harass political enemies the lookout for your Britannica newsletter to get trusted stories delivered right to inbox!, legislation gave authority to other peace officers and magistrates to call upon the power of county... From time to time, legislation gave authority to other peace officers and magistrates to call upon power...

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