The () is an ancient legal
injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
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
Jersey ( , ; nrf, Jèrri, label=Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependencies, Crown Dependency near the coast of north-west F ...
and
Guernsey
Guernsey (; Guernésiais: ''Guernési''; french: Guernesey) is an island in the English Channel off the coast of Normandy that is part of the Bailiwick of Guernsey, a British Crown Dependency.
It is the second largest of the Channel Islands ...
, and is used, albeit infrequently, for matters affecting land.
History
The ' was perhaps most famously used by a landowner named Asselin FitzArthur to object to the burial of
William the Conqueror
William I; ang, WillelmI (Bates ''William the Conqueror'' p. 33– 9 September 1087), usually known as William the Conqueror and sometimes William the Bastard, was the first House of Normandy, Norman List of English monarchs#House of Norman ...
. Asselin maintained that the church in which the king was to be buried had been built on land unlawfully seized from his family.
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 ' with his hand in the air must call out —
Following this, the ' must recite the
Lord's Prayer
The Lord's Prayer, also called the Our Father or Pater Noster, is a central Christian prayer which Jesus taught as the way to pray. Two versions of this prayer are recorded in the gospels: a longer form within the Sermon on the Mount in the Gosp ...
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, regardless of which party is in the right. If the ' is found to have called ' without a valid reason, he in turn must pay a penalty.
The ' in
Guernsey
Guernsey (; Guernésiais: ''Guernési''; french: Guernesey) is an island in the English Channel off the coast of Normandy that is part of the Bailiwick of Guernsey, a British Crown Dependency.
It is the second largest of the Channel Islands ...
requires that a
grace
Grace may refer to:
Places United States
* Grace, Idaho, a city
* Grace (CTA station), Chicago Transit Authority's Howard Line, Illinois
* Little Goose Creek (Kentucky), location of Grace post office
* Grace, Carroll County, Missouri, an uninco ...
be said after the Lord's Prayer:
Furthermore, the grievance must be put in writing and lodged at the within 24 hours.
Limitations
' 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
The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons ...
, or on public land above the
high-water mark
A high water mark is a point that represents the maximum rise of a body of water over land. Such a mark is often the result of a flood, but high water marks may reflect an all-time high, an annual high (highest level to which water rose that ...
, 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
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
, "notwithstanding any or any opposition whatsoever".
A ' can also be denied by a court. In 2010, Guernsey's Deputy Bailiff denied a couple's attempt to invoke the ', in a potential eviction action by a bank that had lent the couple money to build a home.
Recent uses
The ' was raised in Guernsey in December 2016 to block the forcible removal of a derelict
Kia Sportage
The Kia Sportage is a lineup of sport utility vehicles manufactured by the South Korean manufacturer Kia since 1993. Since 2004, the Sportage has been categorized as a compact crossover SUV, while previously it occupied the compact SUV class. It ...
from private land. Earlier that same year, a threat to use the ' 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 ' to stop the narrowing of the South Esplanade in
Saint Peter Port
St. Peter Port (french: Saint-Pierre Port) is a town and one of the ten parishes on the island of Guernsey in the Channel Islands. It is the capital of the Bailiwick of Guernsey as well as the main port. The population in 2019 was 18,958.
St. ...
, 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 ' 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.
See also
*
Hue and cry
In common law, a hue and cry is a process by which bystanders are summoned to assist in the apprehension of a criminal who has been witnessed in the act of committing a crime.
History
By the Statute of Winchester of 1285, 13 Edw. I statute 2. c ...
Notes
References
*
*
* Holden, Richard
Jersey Law Course: Civil Procedure(Institute of Law, Jersey, 2011), chapter 23.
*
External links
Jersey Citizens Advice BureauCriants, Clamerists and the Clameur de Haro in the Channel Islands*
{{Italic title
Jersey law
Bailiwick of Guernsey
Normandy
Judicial remedies