Property and Protest: Political Theory and Subjective Rights in Fourteenth-Century England

Abstract

It has become common to locate the origins of the modern notion of subjective rights theory in late medieval scholastic and juristic writings. But comparatively little effort has been made to connect medieval ideas of individual rights to some of the other key political ideas associated with it in early modern thought, such as consent, limited government, and resistance to illegitimate power. This article argues that a little-known work by the English churchman William of Pagula, known as theSpeculum Regis Edwardi III(1331–1332), constructs such a connection. Starting with the concept of a basic human right to property and its free use, William argues that the ruler must respect the individual lordship of his subjects if he is to gain and retain their love and approval. He also asserts in a rudimentary way the legitimacy of popular revolt against a government which violates their subjective rights.