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dr bartolo
936762.  Sun Sep 02, 2012 8:41 pm Reply with quote

In the legal systems of jersey and guernsey, there survives( and is enforced)a rather curious norman legal injunction- The Calmeur de haro.
It is used when Someone in possession of land, ( at least for a year and a day ) is having that possession Disturbed and interferred with in a specific, visible wrongful act
The most interesting bit is how the Calmeur is raised. The criant, or aggregviated party goes down on one knee on the threatened property , and, bareheaded ,mhands clasped n the prescience of at least two witnesses and within earshot of the defendant , holds his hands together and recites

Haro! Haro! Haro! A l'aide Mon prince , on me fait tort!

The defendant then has to cease his actions, till the matter has been Adjudicated in court. Anyone who raises The Calmeur without valid reason is liable to a fine.

 
suze
936825.  Mon Sep 03, 2012 6:54 am Reply with quote

It's Clameur de Haro. As noted, the criant must drop to his knees with one arm raised to the Heavens as he recites the Clameur de Haro, and must then recite the Lord's Prayer in Norman French.

The most recent time that the Clameur was properly invoked was in 1988. A man named le Marquand had introduced a JCB into a field owned by one de Carteret, apparently with the intention of conducting some groundworks on land that was not his. (The precise details of what le Marquand was trying to do and why are disputed.)

Mr le Carteret performed the Clameur, and le Marquand was duly fined ten guineas plus costs and ordered to remove his digger from the field.

There was a failed attempt more recently, in 1994. As far as can be ascertained, two brothers were fighting in the street, and the brother who was losing the fight attempted to invoke the Clameur. Bad move - you can only do it on your own land, not in the street, and the brother who raised the false Clameur could have been held in contempt of the Crown. But the Honorary Police* attended and took a lenient view, which consisted of telling the two brothers to bugger off and stop behaving like six year olds.


* The main police service of Jersey is the States of Jersey Police, which employs professional police officers and deals with serious crime. But each parish also has Honorary Police officers (a bit like Special Constables, except that they are elected), and it is usually they who deal with minor matters.

 
dr bartolo
936929.  Mon Sep 03, 2012 11:33 am Reply with quote

suze wrote:

Mr le Carteret performed the Clameur, and le Marquand was duly fined ten guineas plus costs and ordered to remove his digger from the field.

.
"

Ten guineas? Was'nt currncy decimalized by then?

 
Moosh
936939.  Mon Sep 03, 2012 12:38 pm Reply with quote

suze wrote:
It's Clameur de Haro. As noted, the criant must drop to his knees with one arm raised to the Heavens as he recites the Clameur de Haro, and must then recite the Lord's Prayer in Norman French.

It should be noted that if you are a landowner on Guernsey rather than Jersey and wish to invoke the Clameur de Haro then you can, but as well as the Lord's Prayer* you also have to say the following Grace:

La Grâce de Notre Seigneur Jésus Christ,
la dilection de Dieu et la sanctification de Saint Esprit
soit avec nous tous éternellement. Amen.

 
suze
936971.  Mon Sep 03, 2012 4:46 pm Reply with quote

dr bartolo wrote:
Ten guineas? Was'nt currncy decimalized by then?


Jersey's currency was decimalized in 1971, at the same time as decimalization in the UK. But even after 1971, guineas still had some uses in the UK. Barristers' fees were set in guineas, art sales were conducted in guineas, and to this days sales of racehorses are conducted in guineas. (You pay in guineas and the vendor gets paid in pounds. The difference is the auctioneer's cut.)

Although in fact, the fine on this particular occasion probably was ten pounds. Of the two references I've found to this particular incident, one says that the fine was ten guineas and one says that it was ten pounds.

Now, some older English laws do still refer to guineas. Those are laws passed before 1816, when the sovereign replaced the guinea as the main unit of currency.

But Jersey didn't adopt pounds, shillings, and pence until 1834 - until then, the main unit of currency on Jersey was the livre. The change to the pound sterling was made because all the coinage in use on Jersey was French and from before 1794 (when France but not Jersey had switched from the livre to the franc), and most of the actual coins were worn out.

Jersey had a special sort of penny until 1877 - on Jersey, there were thirteen pennies to the shilling. (This was because the traditional exchange rate had been 26 French sous to the shilling sterling, where a sou was one twentieth of a livre. So it was considered easier to adopt a penny equivalent to two sous.)

Accordingly, there's no obvious reason why this fine would have been in guineas. So it was probably pounds.

 
dr bartolo
937265.  Wed Sep 05, 2012 7:57 am Reply with quote

I think that this would make a suitable topic for a question in the show...

p'haps by asking the panelists to perform it, and penalizing them if they neglect to add the paternoser and the grace?

 

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