44. Should one confine one's studies of feudalism to the rules laid down by the feudal lawyers and the careful descriptions of the exact duties of the vassal which are to be found in the contracts of the period, one might conclude that everything had been so minutely and rigorously fixed as to render the feudal bond sufficient to maintain order and liberty. But one has only to read a chronicle of the time to discover that, in reality, brute force governed almost everything outside of the Church. The feudal obligations were not fulfilled except when the lord was sufficiently powerful to enforce them. The bond of vassalage and fidelity, which was the sole principle of order, was constantly broken and faith was violated by both vassal and lord.[71]
The breaking of the feudal bond.
It often happened that a vassal was discontented with his lord and transferred his allegiance to another. This he had a right to do under certain circumstances, as, for instance, when his lord refused to see that justice was done him in his court. But such changes were generally made merely for the sake of the advantages which the faithless vassal hoped to gain. The records of the time are full of accounts of refusal to do homage, which was the commonest way in which the feudal bond was broken. So soon as a vassal felt himself strong enough to face his lord's displeasure, or realized that the lord was a helpless minor, he was apt to declare his independence by refusing to recognize the feudal superiority of the one from whom he had received his land.
War the law of the feudal world.
We may say that war, in all its forms, was the law of the feudal world. War formed the chief occupation of the restless aristocracy who held the land and exercised the governmental control. The inveterate habits of a military race, the discord provoked by ill-defined rights or by self-interest and covetousness, all led to constant bloody struggles in which each lord had for his enemies all those about him. An enterprising vassal was likely to make war at least once, first, upon each of his several lords; secondly, upon the bishops and abbots with whom he was brought into contact, and whose control he particularly disliked; thirdly, upon his fellow-vassals; and lastly, upon his own vassals. The feudal bonds, instead of offering a guarantee of peace and concord, appear to have been a constant cause of violent conflict. Every one was bent upon profiting by the permanent or temporary weakness of his neighbor. This chronic dissension extended even to members of the same family; the son, anxious to enjoy a part of his heritage immediately, warred against his father, younger brothers against older, and nephews against uncles who might seek to deprive them of their rights.
In theory, the lord could force his vassals to settle their disputes in an orderly and righteous manner before his court. But often he was neither able nor inclined to bring about a peaceful adjustment, and he would frequently have found it embarrassing to enforce the decisions of his own court. So the vassals were left to fight out their quarrels among themselves and found their chief interest in life in so doing. War was practically sanctioned by law. The great French code of laws of the thirteenth century and the Golden Bull, a most important body of law drawn up for Germany in 1356, did not prohibit neighborhood war, but merely provided that it should be conducted in a decent and gentlemanly way.
Tourneys and jousts.
The jousts, or tourneys, were military exercises—play wars—to fill out the tiresome periods which occasionally intervened between real wars.[72] They were, in fact, diminutive battles in which whole troops of hostile nobles sometimes took part. These rough plays called down the condemnation of the popes and councils, and even of the kings. The latter, however, were too fond of the sport themselves not to forget promptly their own prohibitions.[73]
Disastrous effects of feudal warfare generally recognized.