The constitution of the Confederation was based on ‘The Everlasting Compact’ of 1291, which had been confirmed and expanded by subsequent compacts,The Government of the Confederation. notably the Parson’s ordinance (Pfaffenbrief) of 1370, the Sempach ordinance of 1393, and the Compact of Stanz, 1481. These agreements referred almost exclusively to questions of jurisdiction and police, and of mutual assistance and common action with regard to foreign powers, and assumed, rather than defined, the character of the central institutions which should give sanction to these compacts.
The Diet, composed of two delegates from each member of the Confederation, and one from each ‘Socius,’ was little more than a meeting of envoys, strictly limited by their instructions. Nor were the minority bound by the decisions of the majority, except in matters concerning the ‘Common Bailiwicks.’ Although all the Confederates were allied with the three Forest Cantons, they were not necessarily leagued with one another—thus Bern had made no direct league with Zurich, nor Lucerne with Glarus. The internal constitution of the separate states also varied infinitely. Some, like the Forest Cantons and Zurich, were practically democracies, while Bern was ruled by an exclusive burgher aristocracy. Thus the constitution was that of a ‘Confederation’ of the loosest kind, a union between communities practically sovereign, neither all bound to each other, nor alike in their internal organisation. The complications, which were certain to result from these peculiarities, were further increased by the existence of other territories more or less intimately connected. Of these there were three kinds:
1. The ‘Subject Lands.’ Some of these belonged to the separate states; others, ‘the Freie Orte,’ such as the Thurgau and Aargau,The Subject Lands. were held as Common Bailiwicks by several or all of the members of the Confederation. These districts enjoyed no political rights, and, as is so often the case with the dependencies of democracies, were governed most harshly.
2. Secondly came the ‘Associated Districts’ (Zugewandte Orte). Of these, three indeed,The Associated Districts. the abbot, and town of St. Gall and the town of Bienne (Biel), on the lake of that name, were admitted as ‘socii’ with one vote each in the Diet.
But the far more numerous class, the ‘Confœderati,’ were not admitted to the privileges of full membership, and yet were bound to obey the orders of the Confederation in matters of peace and war.[39]
3. Lastly came the ‘Protected Districts,’ where the tie was still more loose.The Protected Districts.
The extraordinary complications and conflict of interests thus caused had from time to time led to serious disputes, both internal and external. They were now to involve the Swiss in a war with the Empire.