The Role of Feudal, Customary and Natural Law in Constraining The Power of Medieval Kings

During the Middle Ages the rule of law limited executive power and the influence that each ruler had. The period is split into two, with the early Middle Ages coming first (until 1100) followed by the High Middle Ages (1100-1350). Feudal constraints were important in reducing the power of Medieval Kings which occurred due to expanding of empires, customs were also constraining powers due to the importance and weight that was placed upon them during this period, and natural law was also constraining medieval kings due to the weight it carried over positive law that wasn’t present during the Roman period. Throughout this essay I will show how the differing constraints developed throughout the Middle Ages and how executive power was limited throughout this period.

Within the Early Middle Ages, the legal limitations that a King had, were that they did not have the authority to make new law, and when they did so, the King’s subjects had to consent to this change. This greatly reduced the dictatorial power that Kings used to have and was very much due to the feudal system that was beginning to become introduced. Within the early Middle Ages, the feudal system was the exchange of land and protection for support by local lords to the King (Kelly, 1992, p. 97). These individuals were the ones who consented or not to the legal changes that the King proposed, although there was a limitation here, one could argue that with the correct exchange, Lords would support certain laws that may not be beneficial to the majority but to themselves. On the other hand, due to the European kingdom growing and becoming stronger, feudal law was becoming more developed and was being used as a model in other areas. This created a more complex governmental structure which in turn limited the power of medieval Kings which significantly reduced the power of the King as his control was no longer centralised. Customary constraints also had an impact on a King’s power during the early Middle Ages. They were unable to change laws that influenced customs, due to them being seen as an integral part of life that should not be altered. Similarly, throughout the empires there were multiple leaders, as stated earlier, through the feudal system. This meant that there were different customs and laws dependant on the area one lived in, which in turn diluted the power the King had throughout the empire. Natural law also played an important role in the restriction of a King’s power in the early Middle Ages. Within the Middle Ages, natural law was seen as corresponding with God’s will and it had been implanted in the heart of man. However, unlike Roman times natural law prevailed over positive law, meaning that the power of the King was minimised as they couldn’t override natural law to benefit themselves or those around them.

During the high Middle ages, limitations were developed slightly from the preceding years. When making laws, Kings and leaders were only allowed to change the law if it benefitted general welfare, this shows a greater restriction when compared with the early Middle Ages as within the Roman ages there was the idea that the emperor was above the law and “whatever pleases them has the force of the law” (De Wilde, 2019), and even more so in comparison to the Roman and Greek periods, where Kings were more able to pass laws to suit their own interests. Within the high middle ages, it is stated that human law can only be changed if the benefits outweigh the costs associated with the change. This limits the positive law that Kings can implement, as when these laws are passed, they need to be approved by the King’s council which adds an extra procedural process. Furthermore, during this period natural law started to become associated with reason rather than will and is linked to biblical law but not derived from it. Thomas Aquinas, a philosopher and priest, stated that the ruler was not bound by compulsive law, meaning that he cannot be summoned in front of a court as he is the one that the law is derived from. Aquinas believed under directive law that rulers are voluntarily bound by the law and have to conform to it in order to be a legitimate ruler. Furthermore, rulers could also be deposed by their communities which restricted their power further (Kelly, 1992, p. 130). This natural law view limited the power of medieval kings as they were notionally held accountable for their actions, even though they couldn’t be brought in front of a court.

In conclusion, within the early middle ages the development of the feudal system was very important in restricting a medieval Kings power as they were no longer the only one ruling, therefore spreading the power between multiple people, as time developed this feudal system became more ingrained in society making it a stronger part of the Middle Ages. Customary law also played a role as it allowed for differing laws dependent on one’s area. It became much more of a limiting factor within the high middle ages as the procedures had become more developed in law making and where rulers were providing consent. Finally, natural law restricted medieval leaders considerably more than in previous times as it came above positive law when there was a conflict so king’s could not just make laws to benefit themselves.