When Rudolf III. of Habsburg-Austria became emperor, and had bought from the younger branch of his house the estates and titles in the Waldstätten, he drew Schwyz most closely to his family. He refused to confirm Frederick's charter on the plea that that monarch had been excommunicated. The magistrates were officers of his own; he gathered the taxes in his own name, and, in 1278, assigned them as dowry to the English bride of his favourite son, Hartmann. Schwyz did not feel comfortable under all this, and stood on its guard.
Unterwalden[26], the lowland district of the Forest, was politically quite behind the times. It was exceedingly fertile, and was much in request, and in the thirteenth century was parcelled out amongst religious-houses, great nobles, and lesser freemen. The Habsburgs being not only the greatest proprietors, but also stewards of the religious-houses, naturally held sovereign sway. It was only by the aid of friendly neighbours indeed that Unterwalden could hold its own against such powerful masters, and of all its neighbours the men of Schwyz were not only the best organized, politically, but the most energetic and far-seeing. That the Schwyzers took the lead in the emancipation of the district is pretty clear from the name that was given to the newly-formed state by surrounding lands, and by the Austrians after the battle of Morgarten.
The death of Rudolf in 1291 was good news to the men of the Forest, and all their pent-up hopes of the recovery of their ancient rights once more burst forth. Yet dreading new dangers from new governors, they took measures of precaution. Within a fortnight of Rudolf's death the three districts of Uri, Schwyz, and Unterwalden had entered into a perpetual league or defensive alliance (Ewiger Bund), a renewal no doubt of a previous pact, probably that of 1246. They may have met on the Rütli to swear the solemn oath which was to bind them into a confederation, à perpetuité. The various acts of agreement were drawn up in Latin, and the document—the Magna Charta of the Eidgenossenschaft—treasured up at Schwyz, is held in veneration by the whole Swiss nation. It bears an essentially conservative character, and witnesses to the thought and consideration given to the matter, no less than to the strong sense of equity and clear judgment of the contracting parties. Amongst other things it enjoins that every one shall obey and serve his master according to his standing; that no judge shall be appointed who has bought his office with gold, nor unless he be a native; that if quarrels shall arise between the Eidgenossen (inter aliquos conspiratos), the more sensible shall settle the differences, and if the one party does not submit, the opposition shall decide in the matter. To the document were affixed the seals of the three countries as a guarantee of its authenticity.
FOOTNOTES:
[26] Unterwalden is parted into two unequal halves by a mountain range running from the Titlis to the Buochser Horn, with the wood of Kerns in its centre. The districts on both sides have thence taken the names of Ob and Nidwalden, above and below the wood.
