Feudalismo e Ordem Natural

Notar que a Ordem Feudal não se aplicava nas Cidades onde os "cidadãos" eram "livres" de relações feudais, essencialmente porque não existia a necessidade de criar uma relação contratual/convenant de deveres-obrigação fundada na necessidade de produzir e de garantir a segurança nos mesmos termos que fora delas. Mas a extrema atomização dos domínios e relações feudais e a convivência com outras relações ou fontes de direito - o da cidade, a eclesiástica, e a necessidade de respeitar a tradição e o costume, configurava uma ordem pouco democrática mas não muito longe da liberdade natural, tendo em conta o estado tecnológico dos tempos.

Herculano falava das liberdades antigas" e como outros, de como o despotismo (do absolutismo - um termo que deve ser aplicado à própria consolidação do poder como "Estado-Nação", e não própriamente aos poderes dos "Reis") era novo.

Wikipedia:

Lords, vassals and fiefs

Before a lord could grant land (a fief) to someone, he had to make that person a vassal. This was done at a formal and symbolic ceremony called a commendation ceremony comprised of the two-part act of homage and oath of fealty. During homage, the vassal would promise to fight for the lord at his command. Fealty comes from the Latin fidelitas, or faithfulness; the oath of fealty is thus a promise that the vassal will be faithful to the lord. Once the commendation was complete, the lord and vassal were now in a feudal relationship with agreed-upon mutual obligations to one another.

The lord's principal obligation was to grant a fief, or its revenues, to the vassal; the fief is the primary reason the vassal chose to enter into the relationship. In addition, the lord sometimes had to fulfill other obligations to the vassal and fief. One of those obligations was its maintenance. Since the lord had not given the land away, only loaned it, it was still the lord's responsibility to maintain the land, while the vassal had the right to collect revenues generated from it. Another obligation that the lord had to fulfill was to protect the land and the vassal from harm.

The vassal's principal obligation to the lord was to provide "aid", or military service. Using whatever equipment the vassal could obtain by virtue of the revenues from the fief, the vassal was responsible to answer to calls to military service on behalf of the lord. This security of military help was the primary reason the lord entered into the feudal relationship. In addition, the vassal sometimes had to fulfill other obligations to the lord. One of those obligations was to provide the lord with "counsel", so that if the lord faced a major decision, such as whether or not to go to war, he would summon all his vassals and hold a council. The vassal may have been required to provide a certain amount of his farm's yield to his lord. The vassal was also sometimes required to grind his wheat and bake his bread in the ovens owned and taxed by his lord.

The land-holding relationships of feudalism revolved around the fief. Depending on the power of the granting lord, grants could range in size from a small farm to a much larger area of land. The size of fiefs was described in irregular terms quite different from modern area terms; see medieval land terms. The lord-vassal relationship was not restricted to members of the laity; bishops and abbots, for example, were also capable of acting as lords.

There were thus different 'levels' of lordship and vassaldom. The King was a lord who loaned fiefs to aristocrats, who were his vassals. Meanwhile the aristocrats were in turn lords to their own vassals, the peasants who worked on their land. Ultimately, the Emperor was a lord who loaned fiefs to Kings, who were his vassals. This traditonally formed the basis of a 'universal monarchy' as an imperial alliance and a world order."