Tolzey Court

The Tolzey Court is said to have originated in the Anglo-Saxon period but is first mentioned by name in 1344. It was possibly a development of the borough's original hundred court, which was confirmed in its jurisdiction by the Bristol town charter of 1188. The Tolzey Court was mentioned by a charter of 1373 that granted additional powers to the Mayor's Court, without affecting the jurisdiction of the Tolzey Court. The Tolzey Court is named after a room in a building on Corn Street used for the collection of tolls, and where it presumably first sat, though for much of the medieval era and later it sat in the Bristol Guildhall on Broad Street. The earliest surviving record of a case in the Tolzey Court held by the National Archives is one relating to rent of a house in Broad Street in 1476. By the 15th century the hundred court was in decline and the Tolzey Court sat more frequently, often sitting 3-5 times a week. During the town's three annual fair weeks the court did not sit, as a court of piepowders tried offences occurring at the markets. Later at least one of the piepowders courts was merged into the Tolzey Court. The Mayor's Court was merged with the Tolzey Court in the mid-18th century. == Jurisdiction and procedure ==

The court had jurisdiction over civil disputes where the action leading to the dispute arose within the boundaries of Bristol, or its liberties. In 1450 an ordinance defined the work of the Bristol courts. The Tolzey Court was to have jurisdiction over all civil matters except those relating to the export of wool, hides and lead which were to be tried at the Court of Staple and in matters of trespass and deceit where the Mayor's Court had jurisdiction. Bristol was one of the few places, London being another, whereby the King's Justices were excluded from jurisdiction (in Bristol this was by a 1373 charter). The Tolzey Court was therefore entitled to claim precedence over the King's Courts for matters arising within its area. The Tolzey Court was a court of record and was able to order costs as it saw fit, not being bound by an upper limit. == Post-1835 reform ==

The court was reformed by the Municipal Corporations Act 1835. The city's sheriff was designated as the presiding officer of the court, though he took no part in the proceedings. The city recorder became the judge of the court and the prothonotary was renamed the registrar. It was common after this time for juries to be used by the court, unusual in civil trials in England and Wales, though this was limited by the Juries Act 1918. The court survived in use well into the 20th-century perhaps because of the usefulness of the law merchant and foreign attachment procedures. During the 1960s the court saw a surge in popularity as its court fees were lower than those charged in the High Court or county court; in the first half of 1962 some 275 actions were commenced in the Tolzey Court. == References ==