THE WORDS USED TO RAISE THE CLAMEUR DE HARO.
Raising The Clameur
The raising of a a Clameur starts with the phrase
"Haro! Haro! Haro! a l'aide mon Prince! on me fait tort!".
(Note in Sark a different variation is used.) This is effectively the raising of a submission to the Crown for direct aid and assistance. In theory, in the event that there is any question on jurisdiction, the decision must be made directly by the Crown, through the seat originating from the Star Chamber (the Crown's original seat of justice which gave rise to the Norman Counseil Privie).
The Clameur is raised by the aggrieved party, known as the "criant", going down on one knee on the threatened property and, bareheaded, hands clasped, and in the presence of two witnesses, saying in the hearing of the alleged wrongdoer:
"Haro! Haro! Haro! a l'aide mon Prince! on me fait tort!".
Translation: "Hear-ye! Hear-ye! Hear-ye! Come to my aid, my Prince" I am being wronged by a tortious act.
This is followed by:
Notre Pere que es aux cieux. Ton nom soit sanctifie. Ton regne vienne. Ta volonte soit faite sur la terre comme au ciel. Donne-nous aujourd'hui notre pain quotidien. Et nous pardonne nos offences, comme nous pardonnons a ceux qui nous ont offences. Et de nous induis point en tentation, mais delivere-nous du mal. Car a toi est le regne, la puissance et la gloire, aux siecles des ciecles.
La Grace de Notre Seigneur Jesus Christ, la dilection de Dieu et la sanctification du Saint Esprit soit avec nous tous eternellement. Amen.
Raised in the earshot of the Defendant and with 2 witnesses
Under the original laws, the failure to have the alleged wrongdoer in earshot was fatal to the raising of the Clameur as the absentee rules show; however where raised against public authority and public institutions, it now appears to be accepted that the aggrieved party does not actually need to be present (although most public authorities have a courtesy of sending a representative witness against whom the Clameur can be read on the threatened land.).
It remains a moot point whether the Clameur can be raised against an individual who is not in earshot and a strict interpretation of the rules indicates that such a Clameur is defective. Any attempt to depart after the statement of Haro! Haro! Haro! will fail as the target is deemed to have heard the summons.
Registering the Clameur
Norman texts indicate that the Clameur had to be raised between the hours of sunrise and sunset. This appears to reflect the fact that in some localities it was an ecclesiastic offence at local law to work before sunrise or after sunset. At some point it is also clear from historic texts that the time for Clameur was entended to become a 24 hour right because wrongdoers started work before daylight or after sunset. A Clameur must now be registered within 24 hours of being cried.
The Role of the Police
The Guernsey and Jersey Courts have registered Clameurs where the Clameur has been raised on threatened land without a representative of administrative institutions present and also where the Clameur has been raised on the steps of the public authority. This ability to raise the Clameur against public authorities "inabsentio" appears to have stemmed from the practice of having the Police (representing the historic King's Sheriff) in attendance at Clameurs both to witness any contempt by continuance in the face of the Clameur and as a representative capacity of the Crown under which public authorities operate. There would appear to be no objection to the police officer being a witness as well as representative of the Crown in its capacity as public authorities.
Effect of Clameur
Once the Clameur is raised, the alleged wrongdoer must immediately cease his actions until the Court has decided whether or not the Clameur has been correctly raised. If the target infringer does not stop, he is liable to be fined or jailed for contempt even if the Court eventually finds in his favour.
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