Selected quad for the lemma: word_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
word_n	greek_a	latin_a	translate_v	3,558	5	9.2013	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86390	The libertie of the subject against the pretended power of impositions. Maintained by an argument in Parliament an[o]. 7[o]. Jacobi Regis. / By William Hakevvil of Lincolns Inne Esq.	Hakewill, William, 1574-1655.	1641 (1641)	Wing H210; Thomason E170_2; ESTC R9193	77,405	152

sibi de Maletoltis quas faciet Rex As touching the word Toll Derivation of the word Toll which they say is to be understood of Toles for passages and for buying and selling in Faires and Markets it behoves me to say something of the derivation thereof the rather because it is very often used in our ancient Statutes and Records in the same sense as it is in this place and by the derivation thereof the naturall and true meaning of the word shall be best understood I hold it therefore to be derived from the Latine word Teolonium which signifies custome by cutting off the latter part of the word and retaining onely the first part Teol by contraction Toll of which manner of derivation there are infinite examples in our language the Latine Teolonium as saith Calvin in his Lexicon Juris Civilis is derived from the Greek Telos which signifies aswell Custom as it doth Finis Hence it is that the Customers are called in Latine Telonarii Thus you see that the genuine and primative signification of our word Toll is no other then Custome upon Merchandizes from the word Toll are come those two barbarours Latine words found in our Statutes and Records Toltum which is the word used in the Record of 16 H. 6. but even now vouched by me and Tolnetum the Originall word in the Statute now in question which I must confesse is also in our Law Latine used by us for Toll in the Market and Toll for passage as may appear by the Register and the Book of enetries But in this place Malum tolnetum properly signifies not a Toll in the common sence but an unlawfull charge laid by the King upon Merchandizes as an increase of Custome according to the Primitive signification which is evidently proved in that it is here opposed to old and rightfull Customes sine omnibus malis Tolnetis per certas antiquas consuetudines wherfore it ought so to have been translated for so it signifies without Impositions by the old and rightfull Custome This exposition and translation is further warranted by the use of the word Maletolt so often found in our ancient Statutes Records which without scruple is derived from the Latine Malum Tolnetum the very word of our Statute I finde it diversly written Maletout Maletolt Maletot and sometimes Maletent but I never finde it any where used in any other sence then for an Imposition by way of increase of Custome upon Merchandizes Sometimes indeed but that very rarely It is taken in the best sence for lawfull and rightfull Custome as the word Imposition sometimes is but then commonly it is accompanied with another word to free it from the worst sence as Droiturel Maletout c. That malis Tolnetis is in this place ought to be translated Impositions may be farther proved by that which I finde in a writer of the french History one Jean Serres who saies That in the time of Philip le Beau king of France which was about the time of Ed. 3. king of England there were rebellions in France because of Impositions laid by the K. which in those days they did saith he call Maletouts the very word then anciently used in Engl. for Impositions as may plentifully appeare by the Statutes and Records of H. 3. Ed. 1. Ed. 2. Ed. 3. The word Imposition for the word Imposition was not used in any French Record Statute or other for ought I have seene till Ed. 3. I finde it once used in Latine 12. Ed. 3. in the Letter which King Edward the Third writ to the Archbishop to excuse him to the people for laying Impositions and as all that Letter throughout is of an eloquent stile so as it seemeth he was carefull to avoid also that barbarous word Malum tolnetum though common and familiar and in stead thereof to use the pure Latine word Impositio Sylvius writing upon Tullies Oration for Marcus Fonteius where these words are used by Tully Imposuit vectigal saith Ita usitatum vulgo est ut vectigalia nova appellent Impositiones The word Vectigal in this place though in a generall sence it may be applyed to any revenew whatsoever yet with the Civill Lawyers it is by way of Excellence commonly used for Custom as may appear by Calvin in his Lexicon Vectigal quod Fisco vel Reipubl portorii nomine pendintur id est pro mercibus quae invehuntur vel evehuntur Sometimes they use to joyne with it for a more cleere distinction the word Portorium as a man would say the revenue of the Ports agreeable with which upon some Records of Henry the Thirds time I have found it to be called Exitus Portuum By this it is evident that Impositio in pure Latine and Imposition in English is the same with Maletolt in French and Malum tolnetum in our Law Latine and they doe all signifie a new increase of Custome and not any thing else Wherefore I conclude that these words sine malis Tolnetis in our present Statute are naturally and properly to be expounded and understood of Impositions and so ought to have been translated and not as they are and although the word Imposition it self as also the word Maletout and Malum tolnetum may be as I have confessed taken as well for a new increase of Custome by a lawfull means viz. by assent in Parliament as for an increase of Custome by the Kings absolute power which is unlawful yet by the words that immediately follow it is evident that this Statute doth onely intend unlawfull impositions that is impositions laid by the Kings absolute power without assent in Parliament otherwise would they not have been opposed to due and rightfull customes as by the words of the Statute they are But because there hath been some exception also taken to the exposition of the word Custom in that sence in which I take it that is for custome upon Merchandize for that the word in the Originall is Consuetudo The word Custom Custuma and Consuetudo expounded which signifies an usage and not Custuma which is the Latine word we now use for Custome upon Merchandize it behoves me therfore to say something touching these words Consetudo and Custuma for the cleering of this scruple This word Consuetudo in his first and proper signification doth I confesse signifie an usage or practise of a thing time out of minde but it is evident by the Records in the time of H. 3. and Ed. 1. this word in a more speciall manner was applied to all or most of the duties belonging to the Crowne by reason of Trade As Consuetudo aquae Thamesis Consuetudo piscis venientis ad vicum Pontis London Consuetudo quae vocatur Scavagium Consuetudo quae vocatur Gauge But yet more specially it was applyed to that dutie which we following the same rule because of the greatnesse of the Revenue doe likewise per Excellentiam call Custom This may appeare by the Pipe Roll