Clameur de Haro

The Clameur de Haro is unique to the Channel Islands.

It is thought to have originated as a plea for help to Rollo, a Viking ruler of Normandy.

When the vikings were given Normandy to govern, the Channel Islands came under their rule. Their laws were enacted here and the Clameur was among them.

The Clameur is only valid if ‘raised at the moment that an offence is happening and can only be used by a person in possession of property to restrain interference with that possession or enjoyment of it’.

To register a Clameur de Haro the petitioner must fall to his knees before at least two witnesses and the defendant and say: `Le Duc de Normandie a la Court de Haro et en droit faire enquete s’il fut crie ou a tort.

`Je clame au nom du Dieu — je fais Haro sur vous.

`Haro, Haro a l’aide Mon Prince, aidez moi.

`On me fait tort.

`Ici, on me fait tort.’ The petitioner then recites the Lord’s Prayer in French.The person being complained about must stop what is being done or be guilty of contempt of court.

The Clameur is taken to the Bailiff within 24 hours and an affidavit is signed.

It is registered with the Greffe and the petitioner has a year and a day to start a Royal Court action for confirmation of the Clameur.

If the Clameur is wrongly raised, the complaining party may be fined.

The usage of the Clameur has changed over the years, and at one time it could also be employed if someone was feeling physically threatened.

Today it is only used in connection with matters involving property, such as in disputes over land ownership or to stop building work.

And despite its origins in France, French courts no longer recognise it.