Catalogue description TOLZEY COURT

This record is held by Bristol Archives

Details of BCC/J/Tol
Reference: BCC/J/Tol
Title: TOLZEY COURT
Description:

JUDICIAL RECORDS

 

Actions 1476-1706

 

Orders and recognizances 1673-1809

 

Case files 1888-1971

 

Rules 1676-1757

 

Affidavits 1776-1791

 

Issues 1777, 1897

 

Summons and warrants 1934-1967

 

Writs 1942-1967

 

Bail bonds 1743-1745

 

Case papers 1966-1972

 

Cause books 1867-1971

 

Returns 1897-1971

 

Notebooks and reports 1952-1969

 

Modern precedents 1882-1934

 

ADMINISTRATIVE RECORDS

 

Correspondence 1869-1972

 

Appointments 1874-1962

 

FINANCIAL RECORDS

 

Accounts 1713-1732

 

Cash books 1886-1963

 

Fees: general 1878-1965

 

Fees: legislative 1928-1965

 

ILLUSTRATIVE MATERIAL

 

Historical material 1834-1969

 

Photographs 1932-1971

 

Acts of Parliament 1837, 1918

 

Newscuttings 20th century

 

Posters 20th century

 

ALLIED MATERIAL

 

Miscellaneous 1885-1969

Held by: Bristol Archives, not available at The National Archives
Language: English
Administrative / biographical background:

The Tolzey Court is 'a most ancient court of record, by prescription, which has existed time immemorial; and, as understood, traditionally, in the time of the Saxons'. It must originally have been held in front of the bailiffs of the Hundred, but after Bristol became a royal residence it was probably united with the palace court before the seneschal or steward of the household. Its name is derived from that of the place where the king's tolls were collected and where the court used to meet. It is assumed that the court came under the Common Council by the charter of Edward IV, 1461.

 

The earliest reference to the court is in BRO ref 00567/1, a court judgement respecting the rent of a house in Broad Street, a deed of the dissolved St John's Hospital.

 

Special mention of its jurisdiction is made in the 1373 charter so that its jurisdiction might remain unchanged in spite of the powers given to the Mayor's Court. This saved it as court of record for all actions of debt, assumpsit, covenant, trespass, trover and other civil actions to an unlimited amount, to be prosecuted by action or by foreign attachment for the recovery of money debts. Its jurisdiction extended throughout the city and county. All this was preserved by Edward IV's annexation of the Tolzey Court in 1461. Although the court was under the control of the mayor, it was the sheriff in his capacity as bailiff of the hundred who sat as its presiding officer. After Henry VII created 2 sheriffs it was often popularly known as the Sheriffs' Court.

 

From entries in the Mayor's Court rule books it would seem that the two courts must have merged at some time in the middle of the eighteenth century.

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