Clameur de Haro: Why This Ancient Legal Cry Still Protects People Today
There is no doubt that the Channel Islands are one of the most unique archipelagos in Europe, a destination that is the perfect melting pot of British and French culture with its own personal traditions and rich heritage. A highly cultural corner of the English Channel, the islands, particularly Jersey and Guernsey, have a fascinating history, and there are many island traditions that live on to this day. One of the traditions that continues to exist in modern-day Jersey and Guernsey is ‘Clameur de Haro’. This ancient legal injunction is an enforceable law that could be considered outdated but still exists within the islands’ legal systems.
What does Clameur de Haro mean?
As both Jersey and Guernsey are self-governing British Crown dependencies, they are responsible for their own legal proceedings and law enforcement. Within both legal systems of the Bailiwick of Jersey and Bailiwick of Guernsey, Clameur de Haro is an enforceable law. Although it is used infrequently, the law covers matters of land ownership and is a legal injunction of restraint that can be used by someone who feels they have been wronged by another. It is a formal claim of ownership to stop another interfering with the possession of land and allows the plaintiff (criant) to take the law into their own hands prior to court consideration. Enforcing Clameur de Haro brings an immediate halt to actions that are to be carried out on land and is considered to be a dramatic action in the local community by actioning these legal proceedings.
History of Clameur de Haro
Clameur de Haro is a historic element of the Jersey and Guernsey legal systems and a unique part of the Channel Islands’ legal heritage. Dating back to Norman law, Clameur de Haro calls on the assistance of the ancient Duke of Normandy, Robert I, known as the clameur. Duke Rollo, as he was known, was renowned for justice and fairness and his subjects would declare ‘Outha Raoul’ if they felt they had been wronged. After his death, this call was still claimed and exists to this date, although through the years, this has been muddied to ‘haro’.
While the law has been enforced at many points throughout history, the most notable and successful was in 1087 when Clameur de Haro was used by Asselin FitzArthur to object to the burial of William the Conqueror. It was declared that the Church grounds where the king was to be buried were built on land unlawfully seized from FitzArthur’s family. He stopped the burial proceedings, and after receiving support for his objection, he received correct compensation for the matter prior to the burial resuming.
It is still occasionally used in the modern day, albeit rarely, most recently in 2023. The last four cases, raised between 2018 and 2023, have all been denied by the court, which has led to these recent cases sparking heated discussion over whether it still has a place within the islands’ legal system. The fact that it has survived several centuries and remains good law shows its relevance continues in modern law. Since it is rarely used, it is considered to be an action of emergency that is taken seriously, highlighting that the criant has no other options available. It is a powerful tool with immediate impact that landowners have at their disposal and can rely on as a safety net if other legal avenues fail.
How is Clameur de Haro Enforced?
Due to the drama surrounding Clameur de Haro, enforcing it is a rare occurrence on the island. To enforce it, the ‘criant’ (the one being wronged) must be in the presence of both the person committing the wrongful act and two witnesses. He must drop to his knees, raise one hand in the air and cry “Haro! Haro! Haro! À l’aide mon Prince! On me fait tort” (Haro! Haro! Haro! Help me my Prince! I am being wronged). Following this, he must recite the Lord’s Prayer in French and in Guernsey, grace must always follow the Lord’s Prayer. As soon as this is raised, any proceedings must stop immediately and a breach of this is considered to be contempt of court. It must be declared in writing and lodged within 24 hours of the verbal action. The matter is then brought before the court where the injunction is either lifted or confirmed.
The Clameur is effective until the court rules otherwise, even if it is thought to have been raised erroneously. Not only is Clameur de Haro a dramatic way to bring about legal proceedings, but it should also be enforced with caution. If the court finds that the Clameur was raised erroneously, the criant can be fined and liable for the costs of the other party.
Clameur de Haro can be overruled, either by the court or the States. If the States see that an action is for the good and protection of the island, they can deny Clameur de Haro. Alternatively, the court can deny a Clameur.
