The Clameur de Haro (French pronunciation: [klamœʁ də aʁo] ) is an ancient legal injunction of restraint employed by a person who believes they are being wronged by another at that moment. It survives as a fully enforceable law to this day in the legal systems of Jersey and Guernsey, and is used, albeit infrequently, for matters affecting land.
The Clameur was perhaps most famously used by a landowner named Asselin FitzArthur to object to the burial of William the Conqueror. Asselin maintained that the church in which the king was to be buried had been built on land unlawfully seized from his family.
The procedure is performed on one's knees before at least two witnesses, in the presence of the wrong-doer, and in the location of the offence. The Criant with his hand in the air must call out —
Haro! Haro! Haro! À l'aide, mon Prince, on me fait tort.
(Hear me! Hear me! Hear me! Come to my aid, my Prince, for someone does me wrong.)
Following this, the Criant must recite the Lord's Prayer in French.
Notre Père qui est aux cieux. Ton nom soit sanctifié. Ton règne vienne. Ta volonté soit faite sur la terre comme au ciel. Donne-nous aujourd'hui notre pain quotidien. Et nous pardonne nos offenses, comme nous pardonnons à ceux qui nous ont offensés. Et ne nous induis point en tentation, mais délivre-nous du mal.
On hearing this, the alleged wrong-doer must cease his challenged activities until the matter is adjudicated in court. Failure to stop will lead to the imposition of a fine, regardless of which party is in the right. If the Criant is found to have called Haro without a valid reason, he in turn must pay a penalty.
The Clameur in Guernsey requires that a Grace be said after the Lord's Prayer:
Furthermore, the grievance must be put in writing and lodged at the Greffier within 24 hours.
Clameur de Haro can be overruled. For instance, in 1778 the States of Guernsey decided to erect 15 loophole towers at various points on the coast to impede any French incursion on the island. Although most of the towers were built on the Commons, or on public land above the high-water mark, three towers were to be built on private land. The States were of the opinion that the project was of such importance that if necessary they would exercise eminent domain, "notwithstanding any Clameur de Haro or any opposition whatsoever".
A Clameur can also be denied by a court. In 2010, Guernsey's Deputy Bailiff denied a couple's attempt to invoke the Haro, in a potential eviction action by a bank that had lent the couple money to build a home.
The Clameur was raised in Guernsey in December 2016 to block the forcible removal of a derelict Kia Sportage from private land.Earlier that same year, a threat to use the Haro was issued, in an effort to stop the redevelopment of a garden and war memorial in Guernsey.
On 14 August 2018 local resident Rosie Henderson attempted to use the Clameur to stop the narrowing of the South Esplanade in Saint Peter Port, Guernsey, which she said would be a danger to both pedestrians and motorists.The court refused to register her clameur, because she does not own the land in question.
In 2021, it was used in Jersey as an attempt to prevent an eviction. The Clameur was ruled as having been raised incorrectly in court on the grounds that the person raising it had lost legal title to the property and it could not be used to block court officials carrying out a court order.
...Samantha Gillott, who is behind an online campaign group, says they will use the Clameur de Haro if needs be.
The Channel Islands are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown dependencies: the Bailiwick of Jersey, which is the largest of the islands; and the Bailiwick of Guernsey, consisting of Guernsey, Alderney, Sark, Herm and some smaller islands. They are considered the remnants of the Duchy of Normandy and, although they are not part of the United Kingdom, the UK is responsible for the defence and international relations of the islands. The Crown dependencies are not members of the Commonwealth of Nations, nor have they ever been in the European Union. They have a total population of about 170,499, and the bailiwicks' capitals, Saint Helier and Saint Peter Port, have populations of 33,500 and 18,207, respectively.
Guernsey is an island in the English Channel off the coast of Normandy that is part of the Bailiwick of Guernsey, a British Crown Dependency.
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx Law, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "Advocate" indicates a lawyer of superior classification.
Sark is a part of the Channel Islands in the southwestern English Channel, off the coast of Normandy, France. It is a royal fief, which forms part of the Bailiwick of Guernsey, with its own set of laws based on Norman law and its own parliament. It has a population of about 500. Sark has an area of 2.10 square miles (5.44 km2). Little Sark is a peninsula joined by a natural but high and very narrow isthmus to the rest of Sark.
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The Crown Dependencies are three island territories off the coast of Great Britain that are self-governing possessions of The Crown: the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man. They are not part of the United Kingdom (UK) and nor are they British Overseas Territories. Internationally, the dependencies are considered "territories for which the United Kingdom is responsible", rather than sovereign states. As a result, they are not member states of the Commonwealth of Nations. However, they do have relationships with the Commonwealth and other international organisations, and are members of the British–Irish Council. They have their own teams in the Commonwealth Games.
The Bailiwick of Guernsey is one of three Crown Dependencies.
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The law of Jersey has been influenced by several different legal traditions, in particular Norman customary law, English common law and modern French civil law. The Bailiwick of Jersey is a separate jurisdiction from that of the United Kingdom, and is also distinct from that of the other Channel Islands such as Guernsey, although they do share some historical developments. Jersey's legal system is 'mixed' or 'pluralistic', and sources of law are in French and English languages, although since the 1950s the main working language of the legal system is English.
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The Royal Guernsey Militia has a history dating back 800 years. Always loyal to the British Crown, the men were unpaid volunteers whose wish was to defend the Island of Guernsey from foreign invaders.
The Courts of Guernsey are responsible for the administration of justice in the Bailiwick of Guernsey, one of the Channel Islands. They apply the law of the Island, which is a mixture of customary law dating back as far as the 10th century and legislation passed by the legislature, the States of Deliberation.
The Law of Guernsey originates in Norman Customary Law, overlaid with principles taken from English common law and Equity, as well as from statute law enacted by the competent legislature(s) -- usually, but not always, the States of Guernsey
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Representation of Sheppard re Powell is a Jersey Court of Appeal case relating to eviction injunctions. The case resolved around Powell raising a Clameur de Haro to prevent eviction and Sheppard appealed against the subsequent automatic injunction preventing eviction. The court ruled that a Clameur could not be used to block court orders and fined Powell £50 for incorrect usage.