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Essay / The Role of Feudal, Customary, and Natural Law in Limiting the Power of Medieval Kings
In the Middle Ages, the rule of law limited the executive power and influence of each ruler. The period is divided into two, with the Early Middle Ages coming first (until 1100), followed by the Early Middle Ages (1100-1350). Feudal constraints were important in reducing the power of medieval kings due to the expansion of empires, customs also limited powers due to the importance and weight given to them during this period, and natural law also constrained medieval kings because it carried a positive weight over positive law which did not exist in Roman times. Throughout this essay, I will show how different constraints developed throughout the Middle Ages and how executive power was limited throughout this period. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay In the early Middle Ages, the legal limitations a king had were that he did not have the power to legislate, and when they did, the king's subjects had to consent to that change. This greatly reduced the dictatorial power available to kings and was largely due to the feudal system that was beginning to take hold. In the early Middle Ages, the feudal system consisted of an exchange of land and protection against the support of local lords for the king (Kelly, 1992, p. 97). These individuals were those who consented or not to the legal changes proposed by the king. Although there is a limitation here, it could be argued that with a correct exchange the Lords would support certain laws which might benefit not the majority but themselves. . On the other hand, as the European kingdom grew and became stronger, feudal law developed and served as a model in other areas. This created a more complex government structure which, in turn, limited the power of medieval kings, which significantly reduced the king's power since his control was no longer centralized. Customary constraints also had an impact on a king's power in the early Middle Ages. They were unable to change laws that influenced customs, because they were considered an integral part of life that should not be changed. Likewise, across empires there were multiple rulers, as previously stated, throughout the feudal system. This meant that there were different customs and laws depending on the region one lived in, which diluted the king's power throughout the empire. Natural law also played an important role in restricting a king's power in the early Middle Ages. In the Middle Ages, natural law was considered to correspond to the will of God and it was implanted in the heart of man. However, unlike Roman times, natural law took precedence over positive law, meaning that the king's power was minimized as he could not override natural law for his own benefit or that of those around him. During the High Middle Ages, the limitations were slightly developed compared to the previous one. years. When making laws, kings and rulers were only allowed to change the law if it benefited the general welfare, this shows a greater restriction compared to the early Middle Ages, as in Roman times , there was the idea that the emperor was above the law and "whatever they please has the force of law" (De Wilde, 2019), and even more so in relation to the Roman and Greek periods, where the Kings were more able to pass laws tailored to their own interests. In the High Middle Ages it...