Legal Definitions - tolt

The term "tolt" refers to a historical legal procedure in medieval England. It was a formal written order, known as a writ, used to transfer a legal dispute from a court baron to a county court. A court baron was a private court held by a feudal lord for his tenants, dealing with local matters like land disputes or minor offenses within his manor. A county court, on the other hand, was a more formal public court presided over by the sheriff of the county.

The "tolt" was typically invoked when a party believed they were not receiving justice in the lord's court, allowing the case to be moved to a higher, more impartial jurisdiction for a fairer hearing.

• Example 1: Unfair Land Boundary Ruling

  Imagine a tenant named Eleanor who was involved in a dispute over the boundary of her farm with a neighboring tenant. The case was heard in their lord's court baron. Eleanor felt that the lord, who had a personal friendship with her neighbor, unfairly ruled against her, ignoring clear evidence and local custom. Believing she could not get justice in the lord's court, Eleanor could petition the sheriff's county court for a writ of "tolt." If granted, this writ would compel the transfer of her land boundary dispute from the lord's court to the county court, where she hoped for a more impartial judgment based on established law.

• Example 2: Biased Debt Collection Case

  Consider a scenario where a local baker, John, was owed money by a tenant living on Lord Ashworth's estate. John brought his claim to Lord Ashworth's court baron. However, Lord Ashworth himself owed a favor to the debtor and repeatedly delayed the proceedings, showing clear favoritism and bias against John's claim. Frustrated by the lack of progress and the lord's evident conflict of interest, John could seek a "tolt" from the county court. This action would remove the debt collection case from Lord Ashworth's biased court and bring it before the sheriff, ensuring a more neutral and timely resolution.

• Example 3: Disputed Inheritance of Property

  Suppose a tenant died without a clear will, and his eldest son, Arthur, expected to inherit the family cottage and land according to long-standing custom (primogeniture). However, the lord's court baron, influenced by the lord's desire to grant the property to a younger, less capable son who was more compliant, ruled against Arthur. Arthur believed the court baron ignored established inheritance customs. In this situation, Arthur could apply for a "tolt" to move his inheritance dispute from the lord's court to the county court. This action would allow the sheriff's court to review the case, potentially overturning the lord's biased decision and upholding the traditional inheritance laws.