The Clameur de Haro 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.
History
The Clameur was perhaps most famously used by a landowner named Asselin FitzArthur to object to the burial of William the Conqueror.
Procedure
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 — Following this, the Criant must recite the Lord's Prayer in French. 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, whether they were in the right or not. 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#Guernsey within 24 hours.
Limitations
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 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.
