ABSTRACT
This chapter aims at analyzing the issue of the existence of a body of customary laws uniformly and universally applied across medieval and early modern Europe (lex mercatoria) at hand of Gerard Malynes's Consuetudo, vel, Lex Mercatoria: or, the Ancient Law-Merchant (London, 1622). His definition of the lex mercatoria will be discussed with reference to his interpretation of the role of the “learned doctors” and of the High Court of Admiralty. As both commercial law and England's common law were “at the border” of the ius commune, Malynes's treatise provides a unique insight on several “borderlands”.
