Old Swiss Confederacy - Structure of The Federation

Structure of The Federation

Initially, the Eidgenossenschaft was not united by one single pact, but rather by a whole set of overlapping pacts and separate bilateral treaties between various members, with only minimum liabilities. The parties generally agreed to preserve the peace in their territories, help each other in military endeavours, and defined some arbitration in case of disputes. Only slowly did the members begin to understand the federation itself as a unifying entity. In the Pfaffenbrief, a treaty of 1370 among six of the eight members (Glarus and Berne did not participate) that forbade feuds and that denied clerical courts any jurisdiction over the confederacy, the cantons referred for the first time to themselves using the singular term Eidgenossenschaft. The first treaty uniting all of the then eight members of the confederacy became the Sempacherbrief of 1393. This treaty was concluded after the important victories over the Habsburgs at Sempach and Näfels (1386 and 1388) and declared that no member was to unilaterally begin a war without the consent of the other cantons. Subsequently, a kind of federal diet, the Tagsatzung, developed in the 15th century.

Other pacts and renewals or modernizations of earlier alliances between some of the members reinforced the confederacy. Yet the individual interests of the cantons clashed in the Old Zürich War (1436 – 1450), which was caused by a territorial conflict among Zürich and the central Swiss cantons over the succession of the Count of Toggenburg. Zürich even entered an alliance with the Habsburg dukes, but finally re-joined the confederacy. The confederation had grown into a political alliance so close that it no longer tolerated separatist tendencies of its members.

The Tagsatzung served as the council of the confederation and typically met several times a year. Each canton delegated two representatives; including the associate states, who, however, had no vote. Initially, the canton where the delegates met chaired the gathering, but in the 16th century, Zürich permanently assumed the chair (Vorort), and Baden became the sessional seat. The Tagsatzung dealt with all inter-cantonal affairs and also served as the final arbitral court to settle disputes between member states, or to decide on sanctions against dissenting members. It also organized and oversaw the administration of the condominiums; the reeves were delegated for two years, each time by a different canton.

An important unifying treaty of the Old Swiss Confederacy was the Stanser Verkommnis of 1481. Conflicts between the rural and the urban cantons and disagreements about the repartition of the bounty of the Burgundian Wars had led to several skirmishes. The city states of Fribourg and Solothurn wanted to join the confederacy, but were met with distrust by the central Swiss rural cantons. The compromise of the Tagsatzung in the Stanser Verkommnis restored order and accounted for the rural cantons' complaints; Fribourg and Solothurn were accepted into the federation. While the treaty also restricted the freedom of assembly (many skirmishes were caused by unauthorised expeditions of groups of soldiers from the Burgundian Wars), it also reinforced the agreements amongst the cantons of the earlier Sempacherbrief and Pfaffenbrief.

The civil war during the Reformation brought about a stalemate. The victorious Catholic cantons could block any decisions of the council, but due to their geographic and economic situation could not overcome the Protestant cantons. Both factions began to hold separate councils, but still met at a common Tagsatzung, even though this common council remained effectively blocked by the disagreements of the two factions until 1712, when the Protestant cantons reversed the situation after their victory in the second war of Villmergen. The Catholic cantons were excluded from the administration of the condominiums in the Aargau, the Thurgau, and the Rhine valley; in their place, Berne became a co-sovereign of these regions.