Consuetudo, vel lex mercatoria, or The ancient law-merchant Diuided into three parts: according to the essentiall parts of trafficke. Necessarie for all statesmen, iudges, magistrates, temporall and ciuile lawyers, mint-men, merchants, marriners, and all others negotiating in all places of the world. By Gerard Malynes merchant.

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Title
Consuetudo, vel lex mercatoria, or The ancient law-merchant Diuided into three parts: according to the essentiall parts of trafficke. Necessarie for all statesmen, iudges, magistrates, temporall and ciuile lawyers, mint-men, merchants, marriners, and all others negotiating in all places of the world. By Gerard Malynes merchant.
Author
Malynes, Gerard, fl. 1586-1641.
Publication
London :: Printed by Adam Islip,
Anno Dom. 1622.
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Subject terms
Law merchant -- Early works to 1800.
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"Consuetudo, vel lex mercatoria, or The ancient law-merchant Diuided into three parts: according to the essentiall parts of trafficke. Necessarie for all statesmen, iudges, magistrates, temporall and ciuile lawyers, mint-men, merchants, marriners, and all others negotiating in all places of the world. By Gerard Malynes merchant." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A06786.0001.001. University of Michigan Library Digital Collections. Accessed May 8, 2024.

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That the Romane Kalender may easily be reformed without the Alteration of ten dayes, made by Pope Gregorie the 13.

IVlius Caesar the first Emperor of Rome, a man learned and of great magnanimitie, considering that the Romane yeares were reckoned confusedly according to the course of the Moone, & by the Hebrews

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with their intercalar moneth, to make the same agree with the Sun: By the counsell and instigation of Sosigenes, an expert Mathema∣tician, about 44 yeares before the Birth of Christ, deuised a new fome of Kalendar, first framed after the course of the Sunne, diuiding the whole yeare into three hundred sixtie fiue dayes, and sixe houres, making it to containe twelue moneths, whereof the names are yet in vse; beginning from March for the first moneth; which caused September, October, Nouember, and December, to beare their names the seuenth, eightth, ninth, and tenth moneth; yet all yeares by the Almanackes putttng Ianuarie for the first mo∣neth, beareth the name accordingly from the Heathen god Ianus, painted with two faces, as it were beholding the yeare past, and the yeare to come. Februarie was so called of certaine sacrifices then offered, called Februa; March, of Mars, an Heathen god; April, of the Spring Time, and the word Aperio, opening all vegetibles and other things; May, of Maya the mother of Mercury; Iune, a Iuniore, for that all the yong people had a meeting in that moneth for recrea∣tion; Iuly, of his owne name Iulius; and Augustus, for the inlarging of the Empire.

Now forasmuch as the odd six houres, could not conueniently bee brought to account euerie yeare: hee ordained that euerie fourth yeare one day should bee added to February, because foure times six houres maketh vp a whole day of foure and twentie houres, and the yeare wherein this odde day falleth, wee call com∣monly Leape yeare, hauing three hundred sixtie six dayes. And be∣cause it was added at the six Calends of March, it is named in Latine, Bissixtus, or Bissextilis Annus. Neuerthelesse Iulius Caesar did begin his Kalender in Ianuarie, when the Sunne entreth the eighth degree of Capricorne, eight dayes after the winter Solstitium, which then being the shortest day of the yeare fell vpon the twentie fiue of December. And the Spring Time Equinoctium, about the twentie fiue of March. The which places of the Sunne are now changed and sliden backe in the Iulian Kalender, from the said obseruation of the Spring Equi∣noctium, as also from the Haruest Equinoctium (being about the twen∣tie six of September) the longest day then falling out the twentie fiue of Iune, grounded vpon this reason of preuention of the Equi∣noctiall to the twelfth, eleuenth, and tenth dayes of the said moneths, and the thirteenth and fourteenth of September: But the chiefe cause proceedeth by reason that Iulius Caesar did reckon the yeare to continue three hundred sixtie fiue dayes, and six houres; which is more than the iust Astronomers calculation by tenne minutes of an houre, and fortie foure seconds, accounting sixty minutes to an houre, and sixtie seconds to a minute: so that the yeare truely containeth three hundred sixtie fiue dayes, fiue houres, fortie nine minutes, and sixteene seconds, as is before declared, which difference in the space of one hundred thirtie foure years or thereabouts, maketh one whole day; and in the space of one thousand six hundred sixtie foure yeares,

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being the time that the Iulian Kalender was set forth, vntill the last yeare, it commeth to twelue dayes, twentie two houres, fortie mi∣nutes, and twentie fiue seconds.

For this cause sundry learned men haue heretofore desired that the same may bee reformed, to auoid inconueniences, and to haue a true account of yeares and dayes. And the matter was propounded to diuers generall Councells, but tooke no effect, till now of late yeares, by meanes of Pope Gregory the thirteenth, in the yeare 1582, and then it was permitted to one Aloysius Lilius, (professor in Ma∣thematicke Astrologie) to set downe this long desired Reformation; who being resolued to doe the same exactly by true account, was hindered by the Clergie, for they would not agree that the same should be drawne backe any further than to the time of the Nicene Councell, which was in the yeare 328: and hereupon hee brought the reckoning backe only ten daies, & caused the fifteenth day of De∣cember to bee called the twentie fiue day, which is but obserued in some places, and brought great controuersie in diuers countries: see∣ing the day of the Natiuitie of Christ, and other Festiuall dayes, and also dayes of keeping of Faires and Markets, are changed and hol∣den tenne dayes before the accustomed time. And Merchants and others in making their Contracts and Obligations are often disap∣pointed of their dayes of payment, with diuers other inconue∣niences.

Whereas men of true iudgement, might haue made this argu∣ment: Is it by the addition of Time, growing by certaine minutes and seconds euery yeare, arising to one whole day euery fourth yeare, in the moneth of February? Then, as it is increased thereby thirteene dayes in one thousand six hundred sixty foure yeares, it may by the same Rule decrease so much in few yeares, by leauing out, and suspending that one day, which is so added, vntil it come to his first in∣stitution and calculation of the Iulian Kalender; which may bee re∣formed in fiftie two yeares, beginning from the yeare 1620, being Leape yeare, and leauing out thirteene dayes, which is little more than one houre in the said, and is no perceptable difference; and after the said fiftie two yeares expired, to adde the said day againe, and there will not increase any one day more, but in one hundred thirtie foure yeares. And all the yearely obseruations may be accommodated accordingly.

I made an exact Table heereof, in the yeare 1604, whereby the day of the Natiuitie of our Sauiour fell out againe to bee the shortest day of the yeare. This Table was shewed vnto the Kings Maiestie of Great Brittaine (as I was informed) and howsoeuer pleasing, yet for some causes to mee vnknowne not held fit to bee established.

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