Custom
References to ‘bonus usus’ and other terms denoting ‘good custom’ are more common in a rural than an urban context from 1100 onwards. Much attention is devoted to oaths and oath swearers (sacramentales), who appear to have been mainly chosen by signori rather than by local communities, and their role in dispute settlement. Socially oath swearers appear to be members of the upper-middle stratum of village society, the same group that later supplied the consuls of the thirteenth-century rural commune. Collective memory appears to stretch back 40–70 years at which time-frame customs acquired sufficient antiquity to be considered immutable. The act of recalling customs in a public assembly (placitum) served to reinforce community identity and delineate the parameters of seigneurial intervention in local society (rights, privileges, dues). Discussion moves on to the inter-relationship between written and oral custom and the meaning of the term malus usus which together with its antonym bonus usus is seen as key to unlocking the content of political discourse in the countryside. The sense of malus usus is of novelty, lack of precedent, absence of consensus. Interestingly the author shows that what was once perceived as bonus usus could at a later date and in different circumstances be seen as malus usus.