The Middle Ages were a time when the rule of Law limited executive powers and rulers’ influence. The Middle Ages can be divided into the High Middle Ages (1100-1350) and the Early Middle Ages. This period was marked by the expanding empires of feudal kings. They were also constrained by customs because of their weight and importance. In this essay, i will discuss the various constraints that developed in the Middle Ages.
Early Middle Ages Kings were not allowed to pass new laws. They also had to get the consent of their subjects to do so. The feudal system, which was just beginning to be introduced, was a major factor in reducing the power of the Kings. The feudal society was a system that existed in the early Middle Ages. It involved lords of local areas exchanging land for protection to support the King. They would either accept or reject the changes in law that the King wanted to make. However, there were limitations. One could argue that if the exchange was done correctly, the Lords may support certain laws, even if they are not good for the majority. A more developed feudal code was created as a result of the European empire growing stronger. This was then used to model other laws. The result was a complex government structure that in turn reduced the power and influence of medieval kings. Early Middle Ages Kings were also limited by customs. Due to the fact that customs were considered a part of everyday life, they could not change any laws. Similarly, in feudal empires there was a multiplicity of leaders. There were therefore different customs, laws and cultures depending on which area you lived in. In turn, this diluted the influence of the King across the entire empire. The natural law was also a key factor in the early Middle Ages in restricting a king’s power. During the Middle Ages man believed that God’s law had been imprinted in his heart. In contrast to Roman times, however, natural laws prevailed, which meant that the king’s power was reduced as he could not override them in order for him or his people to gain an advantage.
During this period, the limitations of the Middle Ages were a little more strict than they had been in previous years. In the high Middle Ages, Kings and other leaders were only permitted to make laws that benefitted the public welfare. This was a more severe restriction than in the early Middle Ages. Human law was only allowed to be changed in the late middle ages if its benefits outweighed any costs. This limits what positive laws a King can introduce, since they must first be approved by his council. Natural law also began to be linked with reason and not will, and was derived from biblical law. Thomas Aquinas (a priest and philosopher) stated that the rulers were not bound to compulsive law. That is, they could not be brought before a court since the law itself is derived. Aquinas believed that the directive law held rulers to a voluntary obligation to obey law. The communities also had the power to remove rulers which further limited their authority (Kelly, 1992, page 130). The medieval kings’ power was limited by this natural law view, because they were held responsible in theory for their actions despite not being able to appear before a judicial court.
The feudal society became more and more embedded in the Middle Ages as it became more widespread. Customary law was also important as it permitted different laws according to one’s location. In the late middle ages, it became a more significant factor as laws were made more efficiently and rulers gave their consent. Finaly, medieval leaders were more restricted by natural law than ever before. It was the highest law in conflict situations and so kings couldn’t just pass laws for their own benefit.
