O nascimento da democracia moderna na Inglaterra medieval: os estatutos de Oxford (1258)

A Magna Carta (1215) teve várias versões depois do famoso documento que dizia que "ninguém está acima da lei, nem mesmo o rei", mas ele não estatuía exatamente como o governo do rei seria conduzido, tarefa que coube às provisões estabelecidas posteriormente em Oxford, estabelecendo claramente as funções de um Parlamento eletivo e se reunindo regularmente três vezes num ano, outubro, fevereiro e junho. Vejamos como isso ocorreu, num resumo extraído da história da Inglaterra: 

https://thehistoryofengland.co.uk/resource/the-provisions-of-oxford/

The Provisions Of Oxford, 1258

By Cerdic10 years ago 

The Provisions of Oxford are one of the most radical documents in English history, if such a sentence means anything – they were such a change from the medieval way of doing things that Louis IXth of France said that he would rather break clods behind the plough than rule in this way. The Provisions reduced the king to a cipher – no longer controlling the appointment his ministers, and subject to a small council. In the end it failed, and we will have to wait for another 400 years for anything as radical. But it had an enormous influence, and ushered in the Parliamentary state for good. 

The Provisions of Oxford, 1258

The provision made at Oxford

It has been provided that from each county there shall be elected four discreet and lawful knights who, on every day that the county is held [i.e. the county court], shall assemble to hear all complaints touching any wrongs and injuries inflicted on any persons by sheriffs, bailiffs, or any other men, and to make the attachments that pertain to the said complaints until the first arrival of the chief justiciar in those parts: so that they shall take from the plaintiff adequate pledges for his prosecution, and from the defendant for his coming and standing trial before the said justiciar on his first arrival; and that the four knights aforesaid shall have all the said complaints enrolled, together with their attachments, in proper order and sequence — namely, for each hundred separately and by itself — so that the said justiciar, on his first arrival, can hear and settle the aforesaid complaints singly from each hundred. And they shall inform the sheriff that they are summoning all his hundredmen and bailiffs before the said justiciar on his next arrival, for a day and a place which he will make known to them: so that every hundredman shall cause all plaintiffs and defendants of his bailiwick to come in succession, according to what the aforesaid justiciar shall bring to trial from the aforesaid hundred; also as many men and such men — both knights and other free and lawful men — as may be required for best proving the truth of the matter, in such a way that all are not troubled at one and the same time; rather let as many come as can be tried and concluded in one day.

Also it is provided that no knight of the aforesaid counties, by virtue of an assurance that he is not to be placed on juries or assizes, shall be excused by a charter of the lord king or be exempt from  this provision thus made for the common good of the whole kingdom.

(...)

Concerning the parliaments, as to how many shall be held annually and in what manner

It should be remembered that the twenty-four have ordained that there are to be three parliaments a year: the first on the octave of St. Michael, the second on the morrow of Candlemas, and the third on the first day of June, that is to say, three weeks before St. John [this means 6th October, 3rd February and 3rd June]. To these three parliaments the chosen councillors of the king shall come, even if they are not summoned, in order to examine the state of the kingdom and to consider the common needs of the kingdom and likewise of the king; and by the king’s command also at other times, whenever it is necessary. So too it should be remembered that the community is to elect twelve good men, who shall come to the three parliaments and at other times, when there is need and when the king and his council summon them to consider the affairs of the king and the kingdom. And the community shall hold as established whatever these twelve shall do — and this is to reduce the cost to the community. Fifteen are to be named by these four men — that is to say, by the earl Marshal, the earl of Warwick, Hugh le Bigot, and John Mansel — who have been elected by the twenty-four to name the aforesaid fifteen, who are to form the king’s council. And they are to be confirmed by the aforesaid twenty-four, or by the majority of those men. And they shall have the power of advising the king in good faith concerning the government of the kingdom and concerning all matters that pertain to the king or the kingdom; and of amending and redressing everything that they shall consider in need of amendment or redress. And [they shall have authority] over the chief justice and over all other people. And if they cannot all be present, that shall be firm and established which the majority of them shall enact.