MASTER NEGATIVE NO. 93-81355- MICROFILMED 1993 COLUMBIA UNIVERSITY LIBRARIES/NEW YORK as part of the r. • » "Foundations of Western Civilization Preservation Project Funded by the NATIONAL ENDOWMENT FOR THE HUMANITIES Reproductions may not be made without permission from Columbia University Library COPYRIGHT STATEMENT The copyright law of the United States - Title 17, United States Code - concerns the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or other reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copy order if, in its judgement, fulfillment of the order would involve violation of the copyright law. A UTHOR: VIEUSSEUX, ANDRE TITLE: THE HISTORY OF SWITZERLAND ... PLACE: LONDON DA TE: 1846 COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DEPARTMENT BIBLIOGRAPHIC MirROFORM TARHFT Master Negative # Restrictions on Use: Original Material as Filmed - Existing Bibliographic Record «Ml«ri* V 67 .HlstoTV o^ S uulHerlccncC ; ^OYYL | [IKe ii'^^t irrupUan c^ the no-rtKeTn fcribesj tb bKe . present Hme/.... 2(o+3 5/ p. /map, I 0. S.. 1846. I -i-'f-." r-v -»■*■■- - -1-.T-: n ■.-.,■ FILM SIZE: <^. T z^.- TECHNICAL MICROFORM DATA REDUCTION RATIO: /^^ IMAGE PLACEMENT: lA IIA IB DB DATE FILMED: W3e^^3 INITIALS HLMEDBY: RESEARCH PI JBLICATinN.q, INC WOnnRRfnnp; ?^' / 1 r Association for information and image Management 1 1 00 Wayne Avenue. Suite 1 1 00 Silver Spring, Maryland 20910 301/587-8202 Centimeter lU llllililllllllllllMllllilllllll TTT mi 5 iliiii 6 7 8 iliiiiliiiiliiiiliiiilii " I " " 9 10 n 12 lllllllllllllllllllllllllllllllllll I I I II T 13 14 15 mm mimjjmljmhm I M I I I I I inches 1.0 I.I 1.25 m 2.8 2.5 m |w 3.2 2.2 ■ 6.3 i: i^ 2.0 tA ti. „ KiU.U. 1.8 1.4 1.6 MnNUFflCTURED TO flllM STfiNDRRDS BY APPLIED IMFIGE. INC. ^^asM^ ft' Sfc^ l;*'/" ,*Ji%, 'tllC-y .a* .fc-tlS'f- ly.* 5" +^'^1^*L5^ II I: *^-----i :|, -* ?.i'i?f-' V, - <\?*. ;i i J »' c- >w V .0^-^ tiAj.~,i ;^*«ai^^ •" -:'«.ksi:si'"i«i: ! . .i ^ r^'i f- ' ir*aS»*^i*^'*^> ■*• LIBRARY m Xp^ Jhcrt, /S^f, THE HISTORY OF SWITZERLAND. COMMITTEE. CAa.Vman.-The Right Hon. LORD BROUGHAM. F.R.S., Member of the National Institute of France. rice-Chairman—J OHy WOOD, Esq. Treasurer.-M'ILLIAM TOOKE, Esq., F.R.S. A. Ainger, Esq. "" n'.AIIen,E8q.,F.R.and R.A.S. Capt. Beaufort. R.N.,F.R. and R..\.S., Hjdrographerto the Artmiraltv. G. Birkbeck, M.D. t, G. Burrows, M.D. Peter Stafford Carey,Esq.,A.M. John Conolly, M.D. William Coulson, Esq. R. D. Craig, Esq. J. F. Davis, Esq., F.R.S. H. T. Delabeche, Esq., F.R.S. The Rt. Hon. Lord Denman. Samuel Duckworth, Esq. The Right Rev. the Bishop of Durham, D.D. SirH.EUis.Prin. Lib.Brit.Mus. T.F. Ellis, Esq.,A.M.,F.R.A.S. John Elliotson, M.D., F.R.S. George Evans, Esq., M.P. Thomas Falconer. Esq. I. L. Goldsmid, Esq., F.R. and R.A.S. Fras. Henrv Goldsmid, Fgq. B. Gompertz, Esq., F.R. and K. A.S. J. 1". Graveg, Esq. , A.M.,F.R.S. G. B. (ireenough, Esq., F.R., and I..S. M. D. Hill, Esq. Rowland Hill, Esq., F.R.A.S. The Right Hon. Sir J.C. Hob- house. Bart., M.P. T. Hodskin. M.D. David jardine, Esq., A.M. Henry B. Ker, Esq. Thos. Hewitt Kev, Esq., A.M. Sir Chas. Lemon, Bart., M.P. George C.Lewis, Esq., A.M. Thomas Henry Lister, Esq. James Loch, Esq.,.Ar.P.,F.G.S. George Loni?, Esq., A.M. H. Maiden. Esq., A.M. A. T. .Malkin, Esq , A.M. James Manning, E.sq. R. I. Murchison, Esq. F.R.S . F.G.S. The Right Hon. Lord Nugent. W. S. O'Brien, Esq., M pT The Right Hon. Sir H Pamell, Bt.,M.P Richard Quain, Esq. Dr. Roget.Sec. R.S., F.R.A.S. Edw. Romilly, Esq., A.M. ' R. W. Rothman, E»q., A.M. Rt. Hon. Lord J. Russell, M.P. SirM. A. Shee.P.R.A., F.R.S. The Right Hon. Earl Spencer. Sir G. Staunton, Bart., M.P I John Taylor, Esq., F.R.S. ' Dr. A. T. Thomson, F.L.S. Thomas Vardon, Esq. James Walker, Esq., F R.S. Pr. Inst. Civ. Eng. H. Way mouth, Esq. J. Whishaw, Esq.A.M, F.R.S. Thos. Webster. Esq. The Hon. J. Wrottesley, A.M.. F.R.A.S. J. A. Yates,Esq.,M.P. Alton, Stafordahire—Rev. J. P. Jones, .(fngfejea— Rev. E. Williams. Rev. W. Johnson. Mr. Miller. Afhburton—J. F. Kingston, Esq. Barnstaole BancVaft, Esq. William Gribble. Esq.. Belfast — Dr. Drummond. Birmingham — .1. Corrie, Esq., F. R.S., Chairman. Paul M. James, Esq., Treat. Bridport—Ja». Williams, Esq. Uristol—J. N. Sanders, Esq., F.G.S., Cliairman. J. Remolds, Esq., Treaa. J. B. l:stlin, E«q., F.L.S.,See. Calcutta— J nmes Young, Esq. C. H. Cameron, Esq. Cambridge Rev. James Bow- stead, M.\. Rev. Prof. Henslow, M.A., F.L.S. H G.S. Rev. Leonard Jenvns, M.A.. F.L.S. ■ ' Rev. John F.odge, M.A. Rev. Prof Sedgii-ick, M.A.. F.R.S. & G.i5. Canterburij— John Brent, Esq., Alderman. William Masters, Esq. Canon— Rev. H. P. Hamilton. M.A., F.R.S. and G.S. Rev. P. Evvart, ^LA. Ruthen—lie\. the Warden of. Humphreys Jones, Esq. Rydf, Isle of H'ig/it— Sir Rd. Simeon, Bart. Salisbury- Rev. J. Barfitt. Slieffield-J. H . A brahams, Esq . Slie,)ton Mallet- G. F. Burroughs, Esq. Shreyrshury—R. A. Slaney, Esq. M.P. ' • South Petlierton- J. Niclioletts, Esq. St. Asaph — Rev. Geo. Strong. Stockport -II. Marsland, Esq., rr««ajiMrer. Henry Coppock, Esq. Sec. I Sydnry, A'rtr South Hales— I Willi.im M. Manning, Esq. Chairman of (Juar. Ses. Tavistock— ]\e\ . W. Evans. John Rundle, Esq. rnes the Furca, and descend! rapWIv t! n '''^':'='r'" '••« Gallenstock and inasouth-westdirecti„„a?lr usmT • ^™™ -''«"=« it proceeds miles, through a large valley between the'fi J' ' '''!?'' "^ ^^^^nty-five the Lepontian and Pennine Alp on , tu A aTl '' "" *' ■"''''^' ^""^ of nunierous glaciers from botlf rang s am.''''"'!' *' '''"^'"'■"«« abruptly to the north-west and rl, ^a^'gny, the Rhone turns into the Leman lake. tI dire" 5,":" "/'"^' ~ to its entrance is about twenty.five miles At St m' '""" Mart.gny to the lake the Rhone makes its wavthroLh a^"""''' f." ""'"'' '''''>'' ^^^^'m, Morcle, (9,000 feet higM a ^1, 7'"^'" ""''"''^ "'^ ««"t de the Dent de Midi, (lojoo feet . „! '"" ^'^^ "" "^ ^'^e, and the other: here the val ev of the U„ie Rr"'''''"" "'""^ ^"'"y ^^'P^ «n The lake of Geneva." cal d !lT lakeT """'"''' ^"'^^• reservoir of the Rhone! spreads n It r^^' "'"' '^ "'^ ^'^«' Switzerland and Savoy, its northern n '^ "'"='"' ^-^tween . a- of about fifty-fou/ miles in t "th and"^' '""' '''™'"' ^ about forty-six. Its breadth is .bo ,t f ? ""^ '°""'«™ ^ank of becomes very narrow toward Genet U '' '"" "" "'^'''"«' 1^"' it Pr.ncipal of which are the Dranse from ^''17' ''""■"' ''^^'"»«' «■'« Vevayse and Venoge from the SwL il^Vf '^^ "' ^^^y' =""1 the lake IS about 1,000 feet ueir tho V '"= ^'''^'''^^t depth of :the places it vari^ fro^ 5oT I^^'LT!' TT '^ ^^"'^ '^ "^^^^^ proaching Geneva. The surface of thTll'l ,"""""' ^'^^ °» ap- but in summer it rises seven or eLh 1 '' ''''" ^''' "^ove the sea. snows in the Alps. The Leman ifknow' tT^ '? "'' "'"'"« "^ 'he twice, in A.I,. 762 and 805 Th'Tb ''''''" '^^^^ enters the lake by two mouths at it soufh Z' "T"^ ''"""^ "'^ Calais, of the river are there very muddv Tt """"' ""-^ "'e waters at the south-west extremhy of the' 1 k wf ""' °J " "«'"' "' ««»eva, clear, and of a deep blue t nge. B Iw G '"' " "'" ^^P*"^ '"y consideral,le Alpine stream whL con ^ r ? " ''''''''' '^e Arve. a and the waters of which are mudd a t"" *' """^y "^ Chamou;v. Rhone for a considerable dLaTceafte'i'" T """ ^^"'' "^°- "^ the the Swiss territory near Cha ^ tht , X "T?' ^'' ^'^""^ ^"''^ after which it turns to the southward ^ °' "'' """"" "^ Geneva. between the Jura on one ^ZlZ:nX:Z^r'\'. ""'"^^ ''^^'^ . an onset of the Savoy Alps on the other. GKOGRAPIIY AND STATISTICS. XV Switzerland is a country of lakes : besides the two great lakes of Con- stance and Geneva, the other principal lakes are the Waldstatter See, called also the lake of the four cantons, because it lies between the cantons of Uri, Schwyz, Unterwalden, and Luzern. Its form is very irregular, somewhat in the shape of a cross, the lower part of which has been twisted or broken. The Reuss coming from St. Gotthard enters it at its southern extremity. The whole length of the lake is about twenty-six miles ; the southern part of it, called lake of Uri. a sheet of deep water eight miles long, and between one and two miles broad, runs from south to north between two ranges of mountains, almost perpendicular, which give it a character of gloomy grandeur ; it communicates by a narrow strait with the middle basin which spreads between the cantons of Schwyz and Unterwalden, in a direction from east, to west, and is about nine miles in length, and fibout two miles wide ; another narrow channel between two jutting capes leads from the middle basin into the western basin, called the lake of Luzern, which is the widest and finest of the three, and is nine miles in length from east-south-east to west- north-west. It throws out two arms or gulfs, that of Kussnacht to the north-east, and that of Stanzstadt or Alpnach to the south-west. The town of Luzern lies at its western extremity, where the Reuss issues out of the lake,' and the neighbouring banks are formed by verdant hills studded with cottages, whilst the square mass of the Rigi rises opposite. and the broken dark peaks of Mount Pilate are seen frowning on the other side. The country around the Waldstatter See is the classical ground of Switzerland, and is full of recollections of the heroic age of its independence. The level of the lake is about 1,400 feet above the sea, and its depth is in some places more than 1,000 feet. The lake seldom freezes ; it is subject to violent gusts of wind from the mountains, which render navigation dangerous. A steam-boat plies between Luzern and Fluellen, the port of Altorf. The lake of Ziirich, formed bv the Limmat, is twentv-four miles lonsr from south-east to north-west, and from one mile to two miles wide. Its greatest depth is about 600 feet^ and its level is about 1,300 feet above the sea. The banks of this lake, well cultivated and studded with villages and detached houses, are amongst the finest and most cheerful regions of Switzerland. The bridge of Rapperswyl, which is tlirown across the lake, divides it into two unequal parts, the smaller or eastern part stretching between the cantons of Schwyz and St. Gall, whilst the larger part lies almost entirely in the canton of Zurich. The small but pretty island of Uffnau rises in the lake not far from Rapperswyl ; it is known as the place of retirement and death of Ulrich von Hiitten, a soldier and an author, who lived about the time of the reformation. A steam-boat plies on the lake of Zurich, between Zurich and Rap- perswyl. "^^ The lake of Wallenstatt, or Wallensee, to the south-east of the lake of XVI I HISTORY OP SniTZKRLAND. Ziiricl, which is also formed by the Linth or I.immat, lies in the Alpine than 1,400 feet above the sea, its depth from 400 to 500 feet, its length f cm east to west .s eleven miles, and its breadth about one n ile. This heet ot water hes deeply embedded between two lofty ridges of mom - tarns; those on the north rise almost perpendicularl/ above the 7Z A steam-boat runs on this lake also. The lakes of Brienz and Thun, both formed bv the Aar, lie in the midst of the Bernese Alps, and are the most elevated of the large lakes of Sw. zer and. The lake of Thun is more than 1,900 feet Z'Z Ind fhl : ^ V- '""^ '''"*-*''^' '" north-west, between two and thiee mdes wule, and Us greatest depth is about 800 feet. Besides ece v the^ ' ' T "^'P'"' ^'^«="n.-hieh before its confluence recenes the S.mmen, another considerable stream, which gives its name In ^'""Tf '"'.' » «"^ ^''"<=y ">«« than thirty miles in length, ricHn lake of Than, which is much visited by tourists from Bern. The lake of Bnenz ,s smaller, and a few feet higher than the lake of Thun Ikh vhich It comniunicates by the Aar. It receives from the south Uie ll chine, coming from the Alpine valley of Lauterbruuuen, celebrated fos numerous and fine waterfalls, and for the fine view of he JungfVau o e of he b,gli summits of the Bernese Alps. Another stream, criled al o Lutscune comes from the valley of Grindelwald, which is al o much VIS, ed by travellers for its fine glaciers, some of the largest in SwUzer land, r.nd which spread at the foot of that enormous mass of Alps wld x-nder the names of Schreekhorn, Wetterhorn, and !• ni^ r al „ IB grouped on the borders of the cantons of B»n and VaS The' two Lutschinen unite before entering the lake of Brienz ' The lake of Neuchatel is the largest in Switzerland, after those of Con stance and Gene^., being twenty-five miles in length from outlwe^t "o" north-east, and about five miles broad throughout ^ne-half of it S " The other or southern half decreases in width more and more as i a ' proaches. the town of Yverdon, which is at its south-west ex" em tv an ^vhere the lake is hardly two miles broad. Its level is abou S et above the sea and its greatest depth about 350 feet. The river Orbe coming from the valleys of the Jura, enters it at Yverdon and issues from t' a the opposite or north-east extremity, under the name of Zihl or ThTl t also receives the Broye, which is the outlet of the lake of Morat ami WtheelevatedVnortariL?^^^^^^^^^^ spread at its uorth-ea.t extremity between it and the c ntrous Takes o. Morat and Bienne. which apparently at one time formed wT t onlv one basm. and even now in seasons of extraordinary floods, wit I GEOGRAPHY AND STATISTICS. xvu case in 1816. the three lakes join their water togerte. ^J^J^^ the lakeofNeuchaterbelongstothe nver system "^ *™;' ^^^^^ divided from that of the lake of Geneva by the ndge of the J^"*, a ^ ^ rlfofl^d which stretches from westto ff^^^^^^^^^^Z:^ and Freyburg from the Jura to thebanks °f f "^'^.^"'"ti^'S ou the some of the offsets of the Bernese Alps. A steam-boat pl.es y lake of Neuchatel. France, which The countries bordering on Switzerla,.d are --^ ''^^ ^ „^,, bounds it along the whole of its western f^ont er f«™ th Jl^ ^^^ ^^^.^ Basle to the Rhone below Geneva J'^^^'^i;. .-o^ds from France already said, runs along the whole line TheFmcpa^ ^^^^^ to Switzerland are :-the high road from Pans to Basle^ V^^^^^ through Langres. Vesoul, Befort, ''"^^^^"'^^g^^tTlroIds lead from from Befort to Porentrui in the canton of Bern Several m he French department d„ Doubsinto Ae ^^f ^° Neu<=ha^, o Martau to the Locle. and another f^m P-;;:^-^^^ th^^^^^^^ ^^ From Pontarlier another road leads Jy /-^^y;^ ^tj ^,,e. which, on ot G.,«v^ ta the Kh..« » "•™"°";3 of the l«l« *• '>»""''■'' „,,.„>,. s.«, '"■ Ji;:;\i;,4" : Ifof .1.. Alp., ..« ..,«- line runs in a south-east direction diuub Bernard, from rates Savoy from the Valais as far as the S™"P « ''^^^^- ^^r^.jj.idge whence the frontier between the two countries run alon^^ ^S^ of the Pennine and Lepontiau flP^-far'is the nor* west ^^^ Lago Maggiore. The P^-P^} .^f/ ^^^^ J ^Jj^'^Cambery, and Sardinian territories «e : the high road from Gene> .^^ ^^^ ?:^:tr;^-^eir^s?£^i^^^^ over the high Alps from the Valais uito Piedmont. ^^^^ ^^ The frontier of ^-^^J^^'^^ry ^^^^^^^^^ naturally de- the Lago Maggiore, and runs m ^ J^y ^ ^.^^^^ ,, fined line along the southern and ««; «"^°f /^^^J ^^ ,f «« Rhstian far as Mount Giori, f^"" -^^^"'^V^JtwS Ui«ce of Valtelliua. Alps, which divides the G"-- f"™ *^^^^^^^^ Bernardino, and Z StXi^^^^ -- ^^^- V"^' '-'' xviii HISTORY OP SWITZERLAND. the Grisons into Valtellina "^ ™°""*'''" P^^^ lead from alolg^tltorre^^^^^^^^^^ ^»nd Switzerland of the Rh^tian A,p L" " SrTV^'^ " '^'''''^ '^^ '«fty ^dge. «teig. This line of mZtt : ^''^ '" '''' ^'''"^ "«"' Luzien- which rises in the 0^2" and „"' 'T^ ""' "^^ ^»"^y "^ *e Inn, of Finstermunz. Th hi'gh road^f '"'V'" '''■"' ''>' *^ »"-- defile Luziensteig and Feldkirl T »/Tt ^°"' '" ^""^1''"^^ P««^es by boundary between aSL and sT> ''}'TT''^ '^e Rhine marks thi stance. The broad eClof thtfv"'* '°™" '" *^ ^^'''^ «f Cou- Wngdoms of Bavaria and wl^^K "t^T""' Switzerland from the northembank. The h: bo I 'I^^^^^^^^^^^^ t.on between Bavaria and Switzerland " a }v "^''f ^^P^^'of '^omm.nuca- the starting point from the W^^rgl rr t ' ^'^<^^'^'>^^'''^^" ^-- -S:,:t'yrdXttnis^^^^^^^^^^ said making the bounda v li^ etl . \ ^l'*'"' ** '^'''"^ "^ ^^^^^^^y intervenes, which lies ou m: or^h ""■' ""^ '^*"'°" of Schaffl.ausen The two principal ro ads wEh enter 5! TTK l'""^ "' Switzerland. Schaffhausen and Basle. Steam if ?""'' ^'""^ *^ ""«'' P»ss by far as Basle, thus affording Jr^^ nternn "1'/"";""''' *^ «' '^ - water from England by Rotte:d:m tS .al "' '=°'"'""---' "y The following statistical tables of th^ l! comidete this sketch of the gellt fT"' ''r°"' "■■" ""«"''^'' '« population are taken from the hu^t^S; f ''T""'""^- ^'"= "«» "'"' G%-;,;.-,«. .fe /, Suisse 2 X Zo 1 '^ '^'''''''''' ''^^''""naire Esquisse dela Terre, suivie delaoJ. -^"'"T^' ^^^^' andGuinand, ^«39. winch is t.sed in the^t^^^rrnlf de^lT' ''' "^"^^ (j / \\ ) I (I HISTORY OF SWITZERLAND. FIRST PERIOD. THE HISTORY OF HELVETIA, FROM THE FIRST IRRUPTION OF THE NORTHERN TRIBES TO THE REIGN OF RUDOLPH OF HABSBURG, AT THE CLOSE OF THE THIRTEENTH CENTURY. In the fourth century of the Christian era, the provinces of Helvetia and Rhaetia were integral parts of the Roman Empire, in the enjoyment of a considerable degree of civilization and prosperity. Flourishing Roman Colonies, such as Vindonissa, Augusta Rauracorum, Aventicuni, Novio- dunnm, Octodurum,Vitodurum, the Thermae Helveticae (modern Baden), and others were scattered about the country ; military roads across the xMps secured a prompt communication with Italy, to which Helvetia was an essential rampart on the side of warlike Germany*. The de- scendants of the ancient Helvetians no longer formed a separate or dis- tinct people ; in the course of three centuries they had been blended with or confounded amongst their concpierors, whose manners and lan- guage they had adopted ; and when at last the Roman eagles were scared away by a new race of invaders, the people of Helvetia, both of Roman and aboriginal descent, were either exterminated, or reduced to slavery luider the general appellation of Romans^ then become a word of con- tumely, which the invading northern tribes applied indiscriminately to the inhabitants of the countries they conquered. The very name of Helve- tians then disappeared, and all traces of their origin were obliterated. The Burgimdians, a tribe of the Wendes from the farthest end of Germany, near the shores of the Baltic Sea, appeared on the Rhine in the latter part of the fourth century, under the reign of Valentinian I. In the spirit of that weak and perfidious policy which characterized the councils of the Empire in its decline, the Burgundians were at first encouraged in their advance by the Roman commanders, with a view to check the irruptions of the formidable Alemanni, another race of barbarians, who threatened the power of Rome in the same quarter, and with whom the Burgundians were then at war ; but Valentinian, after defeating the Alemanni in a great battle, having no longer need of the assistance of the Burgundians, *Plautin Heivetia anliquay Bern, 1756. 2 niSTORT OP SWITZERLAND. [period 1, opposed the>r further progress, and obliged them to retreat again into the wi ds of Germany. They reappeared, however, at the beginning of the fo lowing century, led by their chief Gunthahar, and having crossed the Rhine, they entered the province called Germania Superior, now l^orraine and Alsace. Constantius, who commanded in that quarter for the tmperor Honorius, assigned them lands on their promising to defend the frontier of the Rhine against other tribes. They lived for a time in peace and good understanding with the native Gauls; their leader Uunthahar, or Gundicarius, became a convert to Christianitv, and was baptized, with most of his men, by a Roman Bishop about the year 417 according to the historian Orosius. The Burgundians, who Appear to have been a race less rude and ferocious than many of their northern brethren were originally shepherds, and brought with them large Iierds ot cattle, but they soon learnt agriculture from the Gauls. Meantime the Franks another German tribe, having crossed the lower Rhine settled m Belgic Gaul, ^tius, the Roman general, uneasy at the neighbourhood of the two warlike races, closed with his troops round the Burgundian settlement, and brought that people to a forced understand- ng that they should remove farther south, and occupy the lands between the Jura and the Alps, namely, western Helvetia, with the country of the Allobroges. The Burgundians accepted the offer, and they found rich pasture for tlieir cattle in the fine valleys where they were settled. They promised on their part to defend the passes leading to Italv, and they azel";: iS'^r *'' H"-''' --=- ScythiL horde; led on bj Ez 1 or Attila, "the scourge of God," swept, like a hurricane, over western Europe. The Burgundians opposed their advance, but were defeated and their chief was killed in battle, about tlie year ^50 The Huns however a people of hunters, passed on. destroying all human habitations and carrying away the people into captivity, leaving behind a long and dismal track of devastation, until ^tius assisted by the Franks and other German settlers in Gaul, utterly routed them in a memorable battle fought in the Catalanni campi, or plains of Chai ns The Burgundians, weakened by their defeat, formed an alliance with the Visigoths a powerful Scandinavian race who had settled in Southern Gaul, and who were msti^mental in repelling a second invasion of the barbarous Huns; and they adopted Gundioch, a Visigoth chief for their kmg Tlie Roman power in the west was now crumbing and province after province was dismembered from the Empire. The'Bur- gundians availed themselves of this opportunity to extend their dominion ac OSS the Jura into Gaul, along the banks of the Saone and the Rhone and over that fine country which has ever since borne their nle The inhabitants of Gaul, weakened by misfortunes and deserted by Ze" opposed no resistance, and. submitted to share their lands with \uT^ come s Every Roman proprietor, and the Gauls were included in the appellation, was obliged to give to a Burgundian two-thirds of his lands PERIOD I.] HISTORY OF SWITZERLAND. one-third of his slaves*, and one- half of his forests and huildings. Th king's share was the best and the largest, it constituted his sole revenue, taxes being then, and for a long time after, unknown to the free German tribes. The king, or chief, was chosen by the people to lead them in war ; his authority in time of peace was extremely limited : it consisted chiefly in summoning the gemeine or general assemblies of all the free men, and in executing the resolutions there passed. When, however, the German races became settled in the regions of the west, partly by conquest and partly by a forced consent, extorted from the weak emperors, the latter invested the principal chieftains with the rank of patricians or vicarii, delegating to them their authority over the Roman citizens who remained in the countries thus dismembered from the Empire, and by this measure of policy they continued to retain for some time longer a shadow of nominal authority in the western world. Over the Roman population, therefore, the power of the barbarian kings was much more extended and absolute than over their own free countrymenf. After the final settlement of the Burgundians in the regions of eastern Gaul and of Helvetia, something like a regular system of society can be traced among them. The ranks were the same as among other German tribes, optimates, or nobles, mcdiocres, or common freemen, leudes^ or freedmen who could be tenants but not freeholders, and lastly culoni, or serfs bound to the soil. The kiag's serfs, however, as the kingly au- thority became extended, were equal to freedmen. The property of a Burgundian was divided at his death among all his children. There were lands called allemeind, or common property. The business of the freemen was war, and the cultivation of their fields in time of peace; all other handicraft or trade was exercised by slaves. Gundioch left four sons, Hilperic, to whom he gave Geneva and the country around ; Godegisel, who had Besan^on ; Gundobald, who took Lyons as his portion ; and Godemar, who had Vienne on the Rhone. The Burgundians, however, still remained united as one nation. Gundobald, the most enterprising of the four brothers, was raised, through the in- terest of his relative Count Ricimer, a Suevian chief in the service of the empire, who exercised a paramount influence at Rome, to the rank of patrician by Olibrius, one of the many short-lived occupants of the tottering throne of the west. After the deaths of Olibrius, and of Rici- * Slavery having been long established all over the Roman world, continued in practice after the spreading of Christianity. The slaves were individuals who had been taken prisoners in war., and their descendants. They were publicly sold in the markets. After the invasion of the northern tribes, we find two sorts of slaves, those who belonged to the Romans and other inhabitants of the Empire, and the captives made by the new conquerors. The latter were better treated than the former. By degrees they became coloni, or serfs attached to their masters' estates. f Chlodowig or Clovis king of the Franks, was invested by the emperor Anasta- sius with the decoration of the purple, and the titles of patrician, consul, and even Augustus. Theodoric was likewise ackowledged by Zeno as king of Italy, after the extinction of the western empire. b2 * HISTORY OF SWITZERLAND. [PERIOD I. mer, Gundobald, who was at Rome with an auxiliary Burgundian force, bestowed the imperial purple on Glycerins, an obscure soldier, in the year 412. The empire was now no longer called Roman but Italian, imperium Italicum, and crowned puppets were set up and put down by Ricimer, Gundobald, Odoacer, and other chiefs of the barbarian merce- naries, or confederates, as they were styled, to whom the defence and safety of Italy and of Rome were entrusted, and who were in fact the sovereigns of the country, although they did not take the title of Em- peror, which, by ancient law or usage, no one but a Roman citizen could assume. Odoacer was the first barbarian who ruled alone as jmtriciaJi of Italy, after the forced abdication of Romulus Augustus, (strange co- incidence of names !) last Emperor of the West, a. d. 476. A decree of the Roman Senate at that time abolished the imperial dignity. Gundobald having returned to his principality of Lyons, aspired to the undivided sovereignty of the whole Burgundian kingdom; and made war on his brothers Hilperic and Godemar, and defeated them. Hu- manity to the vanquished was no feature of the barbarian character. Hili)eric and his two sons were beheaded at Geneva, and his wife thrown into the Rhone. Godemar, besieged in the tower of Vienne, perished amidst the flames in the year 48G. Thus Gundobald remained i)ossessor of all his father's dominions, with the exception of Bcsancon, where his brother Godegisel maintained himself. The unfortunate' Hilperic had left two daughters, Sedeleuba, who devoted herself to a life of religious seclusion, and Clotilda, who was demanded in marria«ce by Clovis*, the powerful king of the Franks. With much rcluctance^Gundobald com- plied with Clovis's demand, and sent him his niece, who afterwards ex- erted so much influence over the destinies of her husband and of France Gundobald restored the walls of Gebena or Geneva, and under his reign the first huts were built on the hills now occupied by the city of Lau- sanne, the old Lausanium of ihe Romans having been destroyed, as well as most of the Roman colonies in Helvetia. The countrv, in fact had become a wilderness, but pious hermits came and built their cells and sanctuaries in many a solitary district, and revived agriculture in the Helvetian valleys. They were called Sandi, which meant religious and virtuous men. Gundobald was favourablv disposed towards his Roman subjects, and he seems to have intended to place them on an equal footing with the Burgundians. This was attributed by the nobles to his ambitious views, and a diet of the lords ecclesiastical and lay, and of the freemen of Burgundy, was convoked at Geneva about the'year 500 at which Gundobald's enactments were abrogated, and soon afterwards a collection and revisal of the Burgundian laws were efi^ected at Ambi- aracum, and signed by thirty-six lords or counts* of the kingdom. The old custom of compounding for murder by means of a sum of money, PERIOD l.j HISTORY OF SWITZERLAND. was abolished among the Burgundians sooner than among the Franks. In the early stages of barbarian society, in their native wilds and forests of Germany, men were more afraid of fine than of death, for property was scanty and difficult of acquirement, whilst life they were accus- tomed to risk frequently in battle. But as the tribes became settled in more favoured regions, and as they became possessed of permanent pro- perty, they grew less fond of war, the boon of life was better appreciated, feelings altered, and tlie laws were altered accordingly. We also find the ban or outlawry pronounced by the Burgundian laws against a free- man who killed a slave, a crime formerly overlooked by the laws. A woman who forsook her husband was suffocated in a marsh. Divorce was allowed in case of adultery, of attempts at poisoning, and of witch- craft. If a slave had connexion with a free woman, they were both put to death. If a free man violated a girl and could not pay the heavy fine prescribed by the law, he was at the mercy of her parents, who might muti- late him. He who refused hospitality to a stranger was fined, if a free man, and flogged, if a slave. Gundobald married his son Sigismund to the daughter of Theodoric, the powerful king of the Goths and of Italy, the most illustrious and en- liijhtened chief in those barbarous time?, ihe friend of Boetius and of Cassiodorus, who recalled learning and the arts to the devastated regions of the South. Gundobald himself esteemed the learned, and he em- ployed the Roman patrician Syagrius in improving the rude dialect of the Burgundians, of which Gundobald felt ashamed. In fact, the kings and chiefs of the northern tribes now settled in the West, were no longer the uninstructed barbarians their fathers were when they issued out of the forests of Germany. In their necessary intercourse with the Romans they had adopted the Latin language, which became of common use among the Franks and the Burgundians, and by its corruption and ad- mixture vith the northern idioms gave birth to the romance dialects. Their conversion to Christianity mainly contributed to the change, as Latin w^as the language of the church. They chose, likewise, their councillors and ambassadors among their Roman subjects, who acquired thereby considerable influence. In 514, Gundobald, feeling himself old and weak, called together a Diet at his residence of Quadruvium, near Geneva, where his son Si- gismund was proclaimed his successor as king of the Burgundians, with the usual ceremony of being raised on a shield. Gundobald died shortly afterwards in the 50th year of his reign. Sigismund received the pa- trician dignity from Anastasius, Emperor of Constantinople ; for, after the extinction of the Western Empire, the Eastern Emperors had re- tained a nominal authority over the former Roman provinces in the West in their quality of successors of the Caesars. Although Gundobald was of the Arian commvmion, his son Sigismund had embraced the 6 HISTORY OF SWITZERLAND. [pERIOD I. Catholic Faith *, and soon after his accession to the throne he received letters from the Pope or Bishop of Rome, urging him to convoke the assembly of the Bishops of Burgundy, which had been neglected during his father's reign. The council being assembled, a series of regulations were adopted for the discipline of the clergy. The clerici who infringed these statutes were to be judged by their own order, and the plurality of voices ; the monks by the assembly of their l)rethren presided over by the Abbot, and the secular priests by their Bishops. But if the offence was against the general laws of the country, any one might be the ac- cuser, and the culprit was obliged to answer the charge before the secu- lar judges. Capital offences by clergymen were punished by imprison- ment for life. It was decreed that no candidate should be ordained deacon or presbyter who had married a widow, or a second wife. No young clergyman was allowed access to a nun without the consent of her parei:ts. Clergymen in general were forbidden to visit women at im- proper hours f. Hunting, and other sports were also declared to be improper for men of their sacred profession. The clergy already pos- sessed property by means of donations or legacies, but their lands were scattered, and not united into lordships as at a later period. The monks tilled the ground and exercised charity towards the poor and the stranger. Whilst Western Helvetia, which comprised the region between the Jura, the Leman lake, (the Lake of Geneva,) and the river Aar, was thus recovering from former devastation under the more settled sway of the Burgundian monarchs, the northern and eastern parts of the country were in the possession of the Alemanni, a ferocious nomadic people, who had been among the first invaders of the Roman empire. Although successively repelled by Aurelian, Julian, and Valentinian, they at last (about the middle of the fifth century), spread along the Rhine from Cologne to the Rhetian Alps. In their repeated irruptions they com- pletel}^ devastated the valleys of Helvetia, destroying the towns and vil- lages, reducing the country to a wilderness, and the inhabitants to a state of bondage. Hunting being their chief means of subsistence, they acknowledged no division of lands among them, nor did they live in towns, but encamped in the fields. Thus, by degrees, vast marshes and forests spread over the north-eastern parts of Helvetia, and encumbered the banks, now so fertile, of the lakes of Zurich, and of Constance. The Helvetia of the Alemanni was divided from that of the Burgundians by a desert tract between the river Reuss and the Aar. But those Ale- * The Catholic or Nicene creeJ obtained the prevalence in the west towards the end of the sixth century by the conversion of the Visi<^oths of Spain, and of the Lombards in Italy. The Franks had become Catholics at their first conversion, and their connexion with the Burgundians influenced, probably, the adoption of Catho- licism by the latter. \ Horts preeteriiis, meridianis vel vesjyertlnis. Chastity had ever been in honour amonj^ the German nations, even in their pagan state, different in this from the Huns, and other Scythian tribes, amongst whom polygamy was established. PERIOD I.] HISTORY OF SWITZERLAND. manni who had settled lower down on the Rhine came to hostilities with their neighbours the Franks, and a desperate battle ensued between the two people in the plains of Tolbiacum, near Cologne, in the year 496. It was on this occasion that Clovis, king of the Franks, made a vow that should he be victorious, he would embrace Christianity, the faith of his wife Clotilda. This being understood by the Christian Gauls who were in his army, gave them a fresh impulse, and victory decided fot Clovis. The Alemanni were totally defeated, and Clovis fulfilled his Vow by causing himself and his Franks to be baptized ; but it was not until after several years that he succeeded in subjugating the whole nation of the Alemanni, which he effected in great measure by exter- minating the refractory. The Helvetia of the Alemanni thus passed into the hands of the kings of the Franks, who appointed dukes to govern the country. The mountainous province of Rhaetia, which extended from the lake of Wallenstadt to the foot of the St. Gothard, and eastward along the lofty chain of Alps that border the valleys of the Adda and of the Inn, was then considered as belonging to Italy, and it followed the fortunes of the latter country. After being overrun by various tribes, it fell into the hands of the Ostrogoths, whose king, Theodoric, ruled over Italy. Under his reign, as it has been already remarked, order and security were enforced. He appointed Servatus, duke of Rhsetia. Sigismund*s wife, a daughter of Theodoric, having died, the Burgun- dian king married a woman of inferior condition, at whose instigation he afterwards put his own son to death. Theodoric declared war against him, to avenge the death of his grandson, and Clotilda, Sigismund's cousin, who had never forgiven the murder of her father by Gundobald, instigated her own sons, who, after Clovis* death, had divided between them" the kingdom of the Franks, to join in the attack on Sigismund. The Burgundians were defeated, and Sigismund having given up the command to his brother Gondemar, took refuge in the convent of St. Maurice in the Valais ; but he was taken thence by the Franks, and brought to Orleans, where he was put to a cruel death, with his wife and her two sons, by order of Clodomir, son of Clovis. Theodoric's generals, in the meantime, had taken possession of the southern part of the Burgundian dominions. Gondemar, however, continued to struggle for eight years against his enemies ; having made peace with the Ostro- goths, and left them in possession of the chain of the Helvetian Alps, he turned his whole strength against the Franks, and defeated and killed Clodomir in battle. The body of that prince being taken to the im- placable Clotilda, she urged the Franks to ravage the territories of Gon- demar, where they committed the most atrocious cruelties. At last, in 534, Gondemar was defeated in battle and disappeared, leaving it in doubt whether he had fallen among the slain, or had escaped to wander s HISTORY OF SWITZERLAND. [period I. into other lands. With him ended the first kingdom of Burgundy, one hundred and twenty-eight years after that people had first crossed the Rhine. Soon afterwards the Ostrogothian kingdom in Italy also fell to pieces, owing to dissensions among the successors of the great Theo- doric ; and Dietbert, or Theodebert, king of Austrasia, and grandson of Clovis, took possession of all the dominions of the Ostrogoths in Hel- vetia and Rhaetia, and in southern Gaul. To this acquisition Dietbert had a double claim ; first, by a cession made to him by Vitiges, king of the Ostrogoths ; and, afterwards, by a formal acknowledgment of the emperor Justinian, who confirmed the cession in the year 536. " This," observes an old French historian, " was a new title to the Franks for the dominion of Gaul. From that epoch the Franks became masters of Marseilles, Aries, and the shores of the Mediterranean." All Helvetia was now under the rule of the Franks ; but the distinc- tion continued between its three principal provinces, which were under separate local governments, namely, Burgundian Helvetia, or transju- rane Burgundy, the Helvetia of the Alemanni, and Rhectia. A distmction which may still be traced in the manners, language, and even the appearance of the inhabitants ; the Burgundian part cor- responding, in great measure, to that which is now called French Switzerland, whikt the Germui cantons occupy the country formerly that of the Alemanni. The Burgundians, however, on submitting to the Franks, after Gondemar's defeat, entered into a treaty with their conquerors, by which it wa? stipulated that *' the kings of the Franks should also bear the title of kings of Burgundy, and as such should be entitled to all the services formerly paid to the house of Gundioch, the nation, and each individual of it, at the same time retaining all their rights and privileges, their laws and properties; and also that the Bur- gundian troops should not be scattered in separate bodies among other mdiiia." Thus the Burgundians remained a distinct nation, differing in this from the Alemanni, who had not obtained such favourable con- ditions from the Franks, but were ruled as a conquered people A duke was appointed to the government of lower Burgundy, and a patri- cian to that of the high lands of the Jura and the Alps. Another duke ruled over the Alemanni, and a president over Rhaitia. The authority • of the Frankish kings was not tamely acknowledged in the mountain districts, and the optimates, as well as the people, submitted with reluct- ance to a foreign yoke. Eager to escape from thraldom, whole bands of them severally left their homes to serve as mercenaries in foreign lands Ten thousand Burgundians at one time crossed over to Italy and joined the camp of the Ostrogoths, who were besieging Milan, which city beincr taken m 538, all the male inhabitants, including infants, were butchered'' the clergy were slaughtered at the foot of the altars, and the women led into captivity by the Burgundians. This dreadful massacre was in PERIOD I.] HISTORY OF SWITZERLAND. 9 great measure the result of the fanatical hatred between the Arians and the Catholics. Another army, of seventy thousand Alemanni and Franks united, left Helvetia to make an incursion into Italy, about ;the year 555. They overran and pillaged that country to its southernmost extremity ; but being met on their return through the plains of Campania by Narses, the general of Justinian, they were defeated and utterly destroyed. When we read of the frequent incursions of the barbarians into Italy, during several successive centuries, we must not imagine that every irruption was made by a new people or horde come directly from Germany, Scandinavia, or Scythia. In most cases, nations long set- tled in haul, Helvetia, and Noricum, sent forth marauding parties, composed of men weary of inaction and thirsting for plunder, to try their fortunes in the fair regions of Italy, a country, the weakness of which had become as proverbial as its fertility. Under the turbulent dynasty of the Merovingian kings, the vast em- pire of the Franks was sometimes divided between three or four Sove- reigns, one of whom resided at Metz, another at Paris, and a third at Orleans, and at other times was reunited under one head, as was the case under Clotarius I. During these partitions, the Helvetia of the Alemanni was in gciieiul dependent on the kingdom of INIetz, and Burgundy of the kingdom of Orleans. Gontram, son of Clotarius, king of Orleans and of Burgundy, strove to check the power of the nobles in the latter country, by dividing it into several governments ; and thus formed western Helvetia into two provinces, one of the Alps, and the other between the Jura and the river Aar. Landed property was then, however, the foundation of all power ; the whole nation formed the army ; the system of paying troops out of taxes levied in the sovereign's name, did not exist among the Germanic tribes : indeed, some of the Merovingian kings, such as Chilperic I., king of Soissons, who began to levy taxes on estates and slaves, were resisted in the attempt. The nobles of Burgundy, alarmed at Gontram's innova- tions, availed themselves of one of the frequent wars between the various princes of the Franks, in order to extort greater immunities for them- selves. This they effected in 587, when the grants made, at various times, by the king to his Jideles and to the church, which had been till then held only during pleasure, were declared to be for life, and soon afterwards hereditary. Seven and twenty years before this period the nobles had been satisfied with an enactment which declared thirty years' possessions to constitute 3 title to the property. This was the origin of fiefs, or feudal property, the holders of which were bound to do homage and to perform certain services for it, differing in this, from allodial property which was derived from the allotments made to all freemen after the conquest, and which was wholly independent and hereditary. Under the reigns of Gontram and of his nephew Childebert, laws for the security of property were promulgated in the assemblj 10 HISTORY OF SWITZERLAND. [period I. of the notables which was held in the month of March in every year. The country was divided into districts called centenm or hun- dreds, because originally consisting of a hundred families of freemen the heads of which were answerable for the robberies and other offences committed m their district, unless they brought the offenders to justice. The cenlenarii or justices of the hundreds, as well as the magistrates of whole districts or provinces having no armed force at their command, depended on the assistance of all the freemen for the execution of the laws. Doubtful cases were decided by an appeal to what was called " tlie judgment of God," being in other words the ordeal of fire or water, or single combat. The bishops, styled " the fathers of the people, " formed jointly with the dukes and counts, the council of the state. The counts had the administration of justice over large districts, and the dukes that of whole provinces, appeals could be made from them to the bishops who examined and verited the sentences The laws were few and mostly prohibitive, rather than injunctive, iheft was pumslied with death on the evidence of five impartial wit- nesses. The Sunday was strictly observed, and if dancers or ju-elers exhibited on that day, one hundred stripes were their punishment Childebert died in 596, and was succeeded in Burgundy by his son Jhierri who was a minor, under the regency of his grandmother Brune- Jiaut, a clever but intriguing and mischievous woman. She bestowed upon Protadius a Roman, and governor of the province of Scodingen which extended as far as tlie Aar in Helvetia, the dignity of maior domus major of the palace, an office which became afterwards more powerful than that of the king himself. Protadius endeavoured to depress the nobles, but was not supported in his attempts by the people Our ancestors," says the historian MuUer, "mistrusted all such policy* which they considered as something like that of a wolf strangling the doss of a fold, and pretending that he did it for the purpose of delivering the sheep fi-om the importunate watching and barking of their guardians " Protaduis summoned the freemen to take up arms agaiifst Dietbert king of Austrasia : the nobles, when assembled in the field at the head of their retainers, felt their strength, and one of them, Welf, a Burgundian loid,decIared "that they did not look upon Dietbert a a danger's enemy,that the people would not make war against him, inasmuch a their principal foe inhabited the palace of their own kings." Tha day Protadius was killed in an affray; Brunehaut avenged his death by another crime, the murder of Welf. She then bestowed the pro vmees of Scodingen, Wadt and Uechtland, which included all westTn or Burgundian Helvetia, on her grand-daughter Theodelinda. Tl errf soon after died, and his cousin Clotarius II., king of Soissons unS under his sceptre the whole dominions of the Franks : a.o. ^IT^^^. haut fearing the punishment due to her numerous misdeeds, flid to he grand-daughter's castle of Orbe in Helvetia, but the Burgunin nobl PERIOD I.] HISTORY OF SWITZERLAND. 11 geized her and gave her over to Clotarius who sentenced her to a cruel death. She was the widow of Siegbert king of Austrasia, and her hatred against another wicked woman, Fredegonda, wife of Chilperic king of Soissons, was the cause of continual wars and atrocious crimes for nearly half a century. , Clotarius II. having sworn to maintain the laws and liberties of the Burgundians was acknowledged by them as king, but the real power remained in the hands of Warnachar, major domus of Burgundy, whom Clotarius confirmed in his situation for life. He did the same by the major of the palace of his other kingdoms of Austrasia and Neustria, and by so doing he stimulated still further the ambition of those officers who soon contrived to make their dignity hereditary in their families. Alethgcus patrician or governor of the Valais and of the higher Alps, a descendant of the old stock of Gundioch, aspired to the throne of Burgundy. The bishop of Sion undertook to persuade the beautiful wife of Clotarius to forsake her husband, who, he predicted in his pre- tended knowledge of astrology, would not live to the end of that year, and to unite her fortunes to those of Alethseus, who was to re-establish the old independent kingdom of the Burgundians. The queen, how- ever, would not be persuaded, but revealed the plot to her husband. Alethscus was beheaded, and the bishop of Sion rigorously confined to his diocese. In 615, Clotarius convoked a general assembly of the lords, proceres, and leuctcs, and of the bishops of the kingdom of France and Burgundy, in his good city of Paris, in order to effect the reform of abuses. This was styled the Fifth Council of Paris. Seventy-nine bishops were pre- sent. These assemblies being composed of churchmen and laymen for the object of legislating for both orders, united the aitributes of synods and of parliaments: their decrees were called capitularies, and had the force of law over the whole nation. Clotarius had also ambulatory par- liaments, or courts which judged of local matters, and were called ^;/n- cita, whence the word plaids, pleadings. In the above Council of Paris it was ordained that the bishops, being elected by the clergy and the people, should be consecrated at the request of the king by the arch- bishop, attended by his suffragans. Bishops were not to be superseded or replaced, except when unable to perform their functions. In both civil and criminal matters the clergy were to be tried and judged according to law, ecclesiastical judges being present in the court; m questions between clerical and lay parties, the court was to be composed of both orders in equal numbers ; the vows of nuns were declared irrevocable, and death was awarded to the seducer; freed- men were placed under the protection of the clergy ; the taxes which Protadius and others had exacted were abolished, certain articles alone paid fixed duties according to old statutes; offices were to be filled by natives only. Not even a slave was to be condemned without 12 HISTORY OP SWITZERLAND. [period I. PERIOD I.] HISTORY OF SWITZERLAND. 13 being heard .n h.s defence: public officers were to assume no power beyond that g.veu them by the laws ; Jews could bring no action against Chnstmns, and the latter were forbidden to participate in usurious ■ tZd t"'' S'T"'-'""'f ^' '■''™" "^'"Ss were to be faithfully maiu- tan ed. Two great pnnc.ples were established by these enactments : first, hat a freeman could be judged by his peers only; and, secondly, tha the magistrate or judge of a district must be a native and an inhabitant of the same, acquamted with the habits and wants of the people, and sharing their common sympathies. This was the first foundation of a municipal administration. The two great orders in the state, the nobles and the dignitaries of the church, both powerful and both independent of the king, became checks on each other, and from their mutual vi'^i- lance some sort of protection to the people was derived. Under Dagobert, successor to Clotarius II., whose memory has been handed down to us by tradition with the flattering appellation of tc hon lioi Dajoberl, France and Burgundy enjoyed tranquillity and prosperity commerce revived, merchants from France traded as far as Constand^ nople and Saxon traders resorted to the fairs of St. Denis. The spoils of Italy, into which both Franks and Burgundians had made repS ncursions generally carrying back with them an ample bootv, Tved accounts of the wealth and magnificence of those times. Dagobert it il said, had a throne of solid gold made by El„i, or Eligius, a skilful to k man, who was subsequently king's treasurer, and \ishop of Noyo„ • and after his death, was numbered by the church of Rome among i.^ We have seen that the Helvetia of the Alemanni was governed by a duke, dependent on the Frank kingdom of Austrasia, or Metz. That part of the country, however, was still considerably behind Burgundiai. Helvetia in the progress of civilization. The Alemanni continue their rude, pagan state till the seventh century. Unlike the Burgundkns or Franks, they had not, after their conquest made any re^uW dSZ o lands with the old inhabitants, but considered the' h le as he^" property and the tenants as their coloni or bondsmen, to whom was ntrusted what little cultivation remained in the country, on Zdi L. of their paying rent in kind to their new masters. But bvTr he greater part of the land had become a wilderness in whirb ll „ 1/ grazed their flocks, or hunted the beasts of thXs '" Thtat^rZ Alemanni, different in this from those of the Bur-^undians mal. n mention of the subject, or Roman race ; they speak n of tiiemse ve" coveted under Childebert 11.. ^r::VZl£ ^^Z^^l^^ . ?hTtti;;:Mhe I^ -re reduced to something like consistenc" nation of the Alemanni was classed into optimates ; medii. or middle estate ; Uheiii, or freedmcn ; salaried servants ; and lastly, slaves. The latter cultivated one half of the land for their masters, and the other for themselves : woi-king for the former three days in the week (as is the case to this day with the serfs in Poland and parts of Russia) ; and paying, besides, to their masters a determinate quantity of fowls, eggs, pigs, bread and beer. Once a fortnight, on the Saturday, the freemen of each district assembled under the presi- dency of the count or governor to administer justice, and to settle other local matters; and on the 1st of March every year, a general assembly of the province was held. Their laws were as simple as their manner of living ; they aimed rather at repressing the abuse of physical force, than the devices of craftiness; the latter being little known amongst them. Manslaughter was punished by heavy fine ; no man was allowed to enter armed into another man's dwelling ; a woman who was assaulted by a man, obtained double damages, as she could not so well defend herself; the owner of a- dog that had bitten a man to death, paid half the fine of manslaughter. Death was seldom inflicted, except against robbers and conspirators. Towards the beginning of the seventh century, Columbanus, an Irish monk, the founder of the sanctuary at lona, with his brethren Gall, Magnoald, and others, passed into France, where these pious men taught both religion and agriculture ; they were, however, persecuted by Brunehaut, and were driven away from their convent at Lutzel, or Luxeuil, by her grandson Thierri, whom Columbanus had reproved for the guilt of incest. Dietbert, king of Austrasia, Thierry's brother, per- mitted the persecuted monks to preach the gospel among the Alemanni of Helvetia. At the place where Schaffhausen now stands, there was then a hamlet, called still by the Roman name of Ascaph\ where boats used to land their goods and passengers, above the fall of the Rhine. Further on there was a castle, Castrum Turegum, on the spot now occupied by Zurich : a few more villages were scattered at long intervals about the country. Christianity had already penetrated into those regions, especially among the aboriginal or subject population ; but as the missionaries advanced to the interior as far as Tuggen or Tuggenburg, near the lake of Wallenstadt, they found the inhabitants of that district still deeply plunged in heathen superstitions. To tlie exhortations of Columbanus, who preached to them " Jesus redeemer of the sins of man," the people of Tuggen replied that the gods of their fathers had till then bestowed fertility on their fields by means of showers in the spring, and of genial heat in the summer ; and that as long as they continued thus propitious, the people could not think of forsaking them, and they went on sacrificing to their gods. Colum- banus and his friend Gall, excited with indignant zeal, set fire to the temple, broke the image of Wodan to pieces, and threw the offerings into the lake. The inhabitants complained to their governors, and the J ■» ika- 14 HISTORY OP SWITZERLAND. [period I, monks were sent away; Gall with Magnoald, proceeded first to Arbon. on the lake since called of Constance, and thence to a delightful, though deserted valley, near the river Sitter, where they built a cell, planted an orchard, and tilled the ground which the count of Arbon gave them Ihjs was the origin of the famous abbey of St. Gall*. Colurabanu. with another rnonk, passed into Rhsetia, where they founded the con- vent of Disentis, in the high valley of the Rhine, about the year 614 The convent of Seckingen, in the Frickthal, was founded by Fridolin' another missionary, who likewise built a chapel consecrated to St' Hilarius, m a remote valley of the Alps, near the source of the Linth' M'hich sanctuary afterwards gave its name to the Canton of Glarus a corruption of Hilarius. The Romans formerly had a station near the entrance of this valley, on the borders of RhiEtia, and on the banks of the ake since called of Wallenstadt, from the German words trehche- stadt, Italian town." Several villages near the lake, on the spots where the legionaries were quartered, have retained the Roman names of terzen, quarlen, quinten. Kuprecht, another cenobite, founded a church and chapter of canons near the castle of Zurichium, in the midst of a solitary forest. Another monk raised the abbey of St Leo- degar where Luzern now is; the latter name being probably derived fiom the Latin lucerna, a light house having existed there for the guidance of boatmen on the stormy Waldstatter lake. In the neighbourhood of these and otiier sanctuaries, houses were built, and hamlets grew bv degrees into towns. It was only there, or in the vicinity of some noble- man s castle or tower, that any traces of agriculture and industrv were to be seen. The thin, scattered population were poor, having few wants or wishes. In Burgundian Helvetia, the shores of the Leman lake afforded a somewhat more cheerful prospect ; Geneva was alreadv a town; Lausanne, Vicus Urba, now Orbe, Everdunu.n, were rising again from their ruins. In the Valais. the abbey of St. Maurice had been raised near the ancient Octodurum. Monks were the first re- Switzlrknd """'"" ""* ''°'"*'"' '"'^"'"^ '" "'' '^'''^'"^ ^""«>-^ "f After the death of Dagobert, a.d. C38, the kings of the Merovingian dynasty became weak and insignificant : the mayors of the palace who were also commanders of the militia, kept them in abject tutor'ship. These rois faineans, do-„othi„g-kings," as they have been called, were content with the luxijr.es of their mansion and gardens, wliile the major domus managed all the affairs of state, or led the nation to war A cession of degenerate, obscure princes passed over the stage. Some were murdered, others were immured in convents, whilst other pnpnets were taken from the royal stock to fill the sinecure office. This state teen written by th'e first Switch or frilhronki'' '"'^ ' "' ""^^'"^ '" '"'^« PERIOD I.] HISTORY OF SWITZERLAND. 15 of things contiDiied for about a century. Pepin d'lleerstal, major domus to Thierri III., was succeeded in his office by his natural son Charles Martel in 715. The great qualities of Charles recommended him to the people at a time when the Saracens from Spain had pene- trated as far as Burgundy, and threatened the very existence of the monarchy of the Franks; and Charles Martel defeated them in a memorable battle near Poitiers, and thus effectually stopped the advance of Islamism in Western Europe. On the other side, hordes of Huns advanced again from the east, as far as Rhaetia, but were defeated near the convent of Disentis by the hardy mountaineers of that region. The Frankish dukes of Helvetia, refusing to countenance the usurpation of Charles Martel and of his son Pepin, revolted, and were defeated by Pepin, who took the title of king of France. The ducal dignity was abolished throughout Helvetia, counts were entrusted with the adminis- tration of the various provinces, subject to the inspection of the missi camerce or councillors of the royal chamber; and the government ssumed for a time a more monarchical form. From the death of Dagobert till the dissolution of the Merovingian dynasty, history is extremely obscure ; there is hardly a chronicler of those times worthy of being consulted. We are better acquainted with the remote epoch of the first kingdom of Burgundy and the strug- gles of its nobles against the encroachments of absolute power, than with the times immediately preceding the elevation of Charlemagne. Under the long and successful reign of that monarch, who revived in his person the empire of the west, the regions of Helvetia shared, in common with the rest of his vast dominions, the advantages of his orderly and vigorous administration. Christianity had become the religion of all Helvetia, and its mild influence softened the manners of both the rulers and their subjects. The art of agriculture kept pace with domestic and social improvement. Common lands were divided among new settlers, and enclosed ; overgrown forests were cut down, the waters restrained by dykes, and morasses restored to cultivation. The vine was planted ou the hills near the lake Leman, and on the banks of the lake of Zurich. In every manor there was a house or tower built of stones, belonging to the lord ; the rooms of which were warmed with stoves. The huts of the labourers, and the stables for the cattle, stood round the residence, as well as the orchard and gardens ; beyond these were the corn-fields which were cultivated by the serfs. Other parts of the lord's property were scattered about the district, and culti- vated by free servants or tenants. Every village or burgh had its hof or court of justice presided over by the mayor, who was appointed by the lord. The whole district or canton, however, assembled on particular occasions in the open air, when the freemen formed a ring, the elders having the precedence ; the count opened the business, and every one de- 16 BISTORT OF SWITZERLAND. [period t. livered his opinion, according to rank and age ; the judges then entered the ring and pronounced the verdict, which was binding both on free- men and serfs. The dignity of count which was ut first for life, became hereditary with the connivance of the crown, under the weak successors of Cliarle- magne, and thus all power was concentrated in the hands of a few fami- lies. The most powerful lord in the Thurgau. a i.rovince between the lakes of Zurich and of Constance, was the count of Kvburo-, whose castle «-as not far from the Zurich lake. The count of Rapperschwvl was lord of the march *; behind his possessions avast, impervious forest extended for many miles, as far as the lake of Uri, and the Alps of St Oothard The counts of Lcnzburg held vast estates in the Aareau • they had also built castles, abbeys, and villages, in the central valleys as far as the lake of Zug. The lands around Zurich were partly held of the great church and nunnerv-, and partly under the government of the emperor himself, whose lieutenant resided in the castle, exercised high jurisdiction, received appeals from subaltern judges, administered the lands of the imperial chamber, and superintended the roads and water, the weights and coinage. Almost every fresh cultivator of the soil placed himself and his property, for the sake of securitv, under the pro- tection of some lord or monastery, to whom he paid "a fee. Hence a new source of the relation of lords and vassals t; and one which operated powerfully to extend the system of feudality. " The dukes or governors of provinces," .ays the French historians, "the counts or governors of towns, and the subaltern officers of the kin-r, havino rendered their offices hereditary, usurped both lands and judicial jurisdiction, they made themselves proprietors of the districts of winch hey were before only magistrates, they became .„...«/„/ the crown lands and received the fees from the tenants who. from bein! subject to the crown, became vassals of their respective lords 'iZy filled up the benefices which had been vacated, they judged appeals from the justices of the hundreds, they exacted services of LT'ro visions and money : for the royal authority was substituted a ba^n a right m the various provinces. The whole kingdom," savs M zen T tV' \r'' '''• ^'"'^"'""S i'^^'f "t -ill and not- as a m n- archy. The nobles were the great vassals of the .crown; they hTd * March gcrmanice 3^/r^, meant oriduallv a distrit tliP ;nT,.K-i * p , vent together in a body to war, and kej t i^m/ZLTLu^r Is f^"^f ^ °^ ^'^'''^' nty in time of peace. Bv de.'rees as thp rmmf ? i ^ • ' *^'*'"" "eternal secu- duties. The Mark of Rapperschw3l L Tm now art if thp C ^'T^ Z^' *''^ ^>"« lord or governor of a march district\.as siyled mark ^raf ^ m^^^^^^ "^ ^''^"^'*^- ^^^ iBus.u, vassi, or hassa/,, were at first the e^ants"of Jp?.. t V 'f ^T'* or serfs; they could l.ave'hi.n acco ding to the U'v of the Vl'l •^>'* '^""'"^ for havmg their lives threatened, bein/depivel of tw ^'^"^ ^" ^^""^ <^^«" : agamst the chastity of their wives or daucrhrrllwlf I • ^'"^^^^^ ^«' attempts a puuishuieut considered onl/fit for shv^ ' ^''"^ '^'""'^ ^^*^ ^ '''^K PERIOD I.] HISTORY OF SWITZERLAND. n under them their provincial vassals, who had by subinfeodations subor- dinate vassals themselves. The vassals of the lords were obliged in cer- tain cases to follow them to war, even against the king." Freemen, however, in general preferred placing themselves under the protection of the church. They gave up their property to the Holy Virgin, or other patron saint of a convent or abbey, and received it back as a fief, paying a quit-rent. The monasteries were under royal protection, and respected both by the lords and by the people. Their tenants and dependants enjoyed under their pacific rule much greater security than those of a turbulent and warlike count. The principal towns of modern Switzerland owe their origin to the church. The abbey of Einsiedlen was built on the site of a cell where Meinrad, son of Berthold, count of HohenzoUern, had lived as a hermit, and was murdered by robbers. The abbey of Beromunster was founded in 850 by Beron coimt of Aargau. The convent of St. Maurice in the Valais had an extensive jurisdiction in the adjoining country. The bishop of Sion was also count or governor of the Valais. The bishop of Lausanne's diocese extended over Burgundian Helvetia, and that of the bishop of Constance embraced the country of the Alemanni. The bishop of Coire had spiritual authority over Rhajtia. The influ- ence of the bishops in temporal matters rose very higli under Charle- magne's successors : even kings submitted to their decisions and bore their reproofs with patience. AVhen the monarch had to propose a law, he first submitted it to discussion in his council, after which his chancellor communicated it to the archbishops and counts, and these again to the bishops, the abbots, and the centum graves, or justices of the hundred; the project of law was read before them and submitted to their approval before it received the king's sanction : lex consensu iwpuli Jit et con- stitulione regis. Laws were seldom general, but were adapted to the manners and localities of each province of the empire. The centum graves were judges in their districts, but could not deprive any one of his property or life. The counts held the provincial assizes at the head of twelve scabini or notables, called also boni homines, and by the Spaniards afterwards ricos hombres, who were chosen by the people. The advocate (vogt) of the abbot or bishop attended the assizes. Murder, arson, robbery, rape, and other capital charges, were judged by the scabini : they also decided matters between the vassal and his lord ; even the king's domestics and serfs, Jiscales servi et ingenui, were subject to their jurisdiction. In the month of May, a missus camerce, or king's commissioner, went his circuit, and was received by the bishops, abbots, counts, viscounts, (vicecomites, who had the government of towns,) centum graves, advo- cati, and vicedomini of the abbesses, and by a deputation of boni homines, and of the vassals or tenants of the king, who assembled to receive him. He inquired of all present whether the officers did their duty, and he 18 HISTORY OF SWITZERLAND. [period I. degraded the scabini who had been guilty of injustice. Young men come of age took the oath of allegiance at his hayds. Those vassals who ne- glected to pay homage had their houses occupied by the commissioner or count, or some of his suite, who lived there at the expense of the owner. There were asylums against the violence of power, but not against the authority of tribunals. Monks were at first subject to the bishops of their diocese, who had the inspection of their property, and appointed their superiors. By degrees the abbots became independent of the bishops, as the counts had become independent of the dukes. Some convents, as that of St. Gall, redeemed themselves by a sum of money from the episcopal authority ; others were emancipated by the emperors, whose policy was favourable to a subdivision of power; whilst the vast increase of property and po- pulation rendered the authority of one man no longer equal to the ex- tent of his jurisdiction. Such were the institutions of the empire of the Franks under Charle- magne and his immediate successors. In the division of his empire among the latter, the Helvetia of the Alemanni, which we shall call henceforth German Helvetia, fell to the share of Louis of Bavaria, called ako Louis the Germanic, and afterwards continued attached to that part of the German empire called the Duchy of Suabia. Burgun- dian Helvetia was dependent sometimes on the kingdom of Italy,\nd sometimes on France, until after the death of Louis le Begue, in 879, when the monarchy fell into confusion : the Normans in the north and the Saracens in the south invaded France; the nobles, among whom Louis had parcelled the royal domains, considered themselves inde- pendent, and the royal and imi)erial crowns were disputed between Louis UL and Carloman. The States of Burgundy amidst this anarchy assembled at Mantaille, near Vienne ; six archbishops and seventeen bishops, with the chief lay lords, determined to give up the imbecile de- scendants of Charlemagne, and to choose a king for themselves, according to the ancient rights of Burgundy. They invited Boson, count of Vienne and governor of Provence, a nobleman valiant, generous, and of plausible address, who had married Hermangard, a daughter of the emperor Louis IL Boson accepted the kingly office, under the condition that for three days prayers should be said in all the churches, in order to see whether his election was approved of by heaven, and whether anv protests should be made against it. The three days having expired/ Aurelian, arch- bishop of Lyons, crowned Boson king of Aries and of Burgundy This was in 879, three centuries and a half after the extinction of the first kingdom of Burgundy, and its union with the crown of the Franks*. Louis in. and Carloman made war upon Boson, whom they "con- sidered as a usurper, but the two brothers having died soon after. Charles le Gros, emperor and king of France, a. d. 884, made peace * See page 8. PERIOD I.] HISTORY OF SWITZERLAND. 19 with Boson, and invested him with the crown, on the plea that Bur- gundy was originally a patriciate of the empire. For this reason the emperors of Germany, successors of Charles le Gros, considered them- selves as suzerains of the kingdom of Burgundy. Charles le Gros, being deposed, died in 888, and Arnoul, natural son of Carloman, and grand- son of Louis of Germany, was elected emperor ; at his death in 898, his infant son Louis IV. succeeded him, and he also dying in 915, Conrad I. duke of Franconia was proclaimed, by which means the imperial dignity went out of the house of Charlemagne, and of France, and became elective among the Germans, and such it has continued until the renunciation of Francis II. of Austria, at the peace of Prcsburg in 1806, when the dignity of Emperor of Germany was finally abolished. Boson, at his death, left his son Louis, a minor, under the guardianship of Hermangard; but during the minority the kingdom raised by Boson was parcelled into three. Rudolph count of western Helvetia, son of Conrad count of Paris, and related to the Carlovingian dynasty, aimed at the throne. He assembled at St. Maurice, in the Valais, several lords and bishops, who crowned him as king Rudolph I. of Upper Burgundy. He was acknowledged in western Helvetia, and in the country west of the Jura, as far as the river Saone. At the same time Richard, brother of Boson, count of lower Burgundy beyond the Saone, made himself also independent of the kingdom of Aries, and became the head of the first dynasty of the dukes of Burgundy. Louis, son of Boson, continued to reign at Aries. And thus the Burgundian nation was permanently divided. Each division assumed a different character, was swayed by different interests, and lost its nationality ; and, although the greater part of the former Burgundian territories were finally reunited several centuries afterwards by being merged into the kingdom of France, yet one division of them, namely, Transjurane Bur- gundy, consisting of Helvetia and Savoy, has remained separated and estranged from the remainder. Rudolph, after sustaining a war against the emperor Arnoul, who cp.me into Helvetia with an army of Germans, was induced to repair to Regensburg, (Ratisbonne,) where a general diet was held, in which the affairs of France and Burgundy were regulated. Upper or Little Bur- gundy was acknowledged as an independent kingdom, a. d. 890. Ru- dolj)h, after reigning 24 years, was succeeded by his son Rudolph IL Meantime German Helvetia, ever since the abolition of the ducal dignity by Pepin, was governed by missi ca?nerce, who resided in Suabia. Two brothers, Erchanger and Berthold, who were intrusted with this office, became jealous of Solomon, bishop of Constance and abbot of St. Gall, and lord of several other convents and domains, a man of noble family, superior learning, and high accomplishments. He had been a favourite of Arnoul and of Louis IV., the last emperor of the Carlovingian race, who ranted him lands from the imperial domains. After sundry c2 20 HISTORY OP SWITZERLAND. [period I. vexatious charges, from which the prelate came out triumphant, the two brothers took Solomon prisoner, but the bishop's reputation stood so high that the country rose in his favour; he was released, and the two commissioners, being arraigned for sacrilege before a court of Suabian nobles, were condemned to death and executed. Burkard, count of Ihurgau, was the principal instigator of this severe sentence. Soon after, Burkard himself, was made, by the emperor Conrad, with the con- sent of the nobles of the province, duke of Alemannia, called also by some of Suabia, which government included German Helvetia. Burkard quarrelled with Rudolph II. of Burgundy about the frontier district of Aargau; but peace was re-established between them, and Rudolph married Burkard's daughter. The river Reuss seems to have marked the limits between the two states. Rudolph was then called into Italy by a party of lords of that country, who were dissatisfied with their kinc^ Berengarms, and a battle was fought at Firenzuola, near the river Ticino"^ in which the Burgundians were victorious. Bcrengarius escaped, but was afterwards treacherously murdered at Verona. Hugo count of Provence, who had expelled Boson's grandson from his little kindom of Aries, started as rival to Rudolph for the crown of Italy. Rudolph called to his assistance Burkard, his father-in-law: the old warrior came, but being over-confident in his contempt for his Italian enemies, he was killed near Milan. Rudolph then returned to his own dominions which the emperer Henry I. enlarged by part of German Helvetia, de- tached from the dukedom of Alemannia ; and for this Rudolph did homage to the empire. Hugo of Provence died soon afterwards, and the Burgundians of both parties were finally expelled from Italy. It ap- pears that the Italians had conceived great aversion to the whole nation on account of their excessive eating and drinkin-, and because the Bur- gundian voices sounded too rude for Italian ears ! The Bur-undians had also the reputation of being thick-headed and dull; they are stvled by some writers the Boeotians of those times, a reputation which their descendants in some parts of western Switzerland have retained in a certain measure, to this day, under the gentler appellation of bonhommie Muller remarks that the Burgundian convents produced no eminent man Helved' '"^ ^''"' '^'""' "^ ^'' ^'"' ^^^'^' "'^^ ""'^''^ ^^^er- After the death of Rudolph II., in 937, Otho I., emperor of Germany came into Burgundy and took away Conrad, Rudolph's son, who was stdl a minor, in order to have him brought up under his own eves Meantime Bertha, Rudolph's widow, governed the kingdom. Conrad having become of age, was restored by Otho to his dominions • the emperor married Conrad's sister, Adelaide Queen of Italy. In Conrad'! reign another irruption took place of the Hungri or Madjars, called by fiome lurci, who had some years before overrun Italy and Rhitia • thev afterwards penetrated into western Helvetia. This fearful scourc^e wal PERIOD I.] HISTORY OF SWITZERLAND. 21 the occasion of the town being first surrounded by walls and ditches, that they might afford protection to the inhabitants as well as to the country people. At the same time the emperors, and especially Henry I., bestowed privileges and franchises on the burghers of towns, and thus created municipal bodies independent of the nobility. This was a step most important in its consequences, which will be adverted to more fully hereafter. Conrad defeated the Madjars, as well as some bands of Saracens*, who had found their way to the valleys of the Jura, by opposing the barbarians to each other, and deluding each party with the expectation of his assistance against the other. While the wandering hostile hordes were fast engaged in combat, Conrad fell upon both and destroyed them. After this he reigned long and in peace. Under him Helvetia con- tinued to improve ; agriculture and human habitations spread around. The Oechtland, a region extending from the lakes of Neuchatel and Bienne to the Aar, was still, however, covered with marshes and forests. Part of it belonged to the royal domain, and part to the counts of Wechtingen, who had also the castle of Novocastrum (Neuchatel), from which their descendants afterwards took their title. This family also bestowed extensive lands at the foot of the Jura mountains, in the country of the Rauraci, on the bishopric of Basel. The emperors, on their side, granted to the same see mines of silver in the Brisgau, and hunting-tracts of land along the Rhine. Such was the origin of the dominions of the bishops of Basle, which in after-times became an in- dependent state allied to Switzerland. Gontram count of Alsace, a nobleman of high descent and con- nexions, having opposed the power of the emperor Otho, was deprived of his tenures, and found himself reduced to his patrimonial estate in Helvetia, near the ruins of Vindonissa. Conrad, king of Burgundy, deprived him also of his priory of Moutiers Graiidval, and of the district of Erguel, which had been bestowed on his family by Rudolph II. On this occasion it was decided, in a public assembly of the nobles and clergy, that " a royal and free priory could not be bestowed on lay- menf." Gontram, thus humbled in his fortunes, retired to Wolen, in Aargau, near the Reuss. There he still enjoyed much consideration * There is much obscurity in the old accounts of these Saracen predatory bands. It ought to be observed that it was then a common misnomer to call the Saracens Poffnns, and this error has prevailed among Italian writers of a much later age ; on the other hand, the Hungarians have been mistaken sometimes for Saracens. Kk- kehard notices this : Qui Ungros Jgarenos putant, longa via errant. Real Saracens, however, had settled themselves at Fressiento, among the maritime Alps, from which they made incursions into the valleys of Piedmont and even of Savoy. f The practice of granting priories and abbacies in commendam to bishops and also to laymen was then in full vigour. The grantee enjoyed the principal part of the revenues, leaving a pittance for the maintenance of the monks, over whom he appointed a substitute. The emperor Louis 11. gave, in 860, the monastry of Santa Julia, of Brescia, to his daughter Gisla, with the faculty of administering and en- joying its revenues for life. 22 HISTORY OF SWITZERLAND. [period I. PERIOD I.] HISTORY OF SWITZERLANf>. 23 among his tenants and neighbours, and several freeholders placed them- selves and their properties, according to the custom of the times, under his protection, by paying him a small fee, or quit-rent. When Gon- tram's fields ^vere to be tilled, or the harvest was to be reaped, they assisted him also of their own good will. But by degrees Gontram exacted these services as a duty, and he also imposed, of his own will, a contribution of poultry. The country-people carried their complaints to the king, who happened to be then at the convent of St. Urs (Soleure) but they could not approach him through the nobles by whom he was surrounded, and who already looked down upon simple freemen as ple- beians. From that moment the count and his son Lancelin grew bolder in their exactions : Lancelin dealt by the free peasants of Muri, a neigh- bouring district, as his fiithcr had done by those of Wolen ; new duties were imposed on them, and the vassals or tenants were treated as if they were serfs. Those who did not quietly submit to the rapacity of the count and of his son were deprived of their fields and cottages. This was towards the end of the reign of Conrad, a weak and indolent prince. Under him, and still more under his son Rudolph III., the nobles knew no check to their caprice. Count Lancelin, after his father's death, resided at the castle of Altenburg, near the Aar. When he was on his death-bed, about the year 990, those whom he had oppressed at Muri, among whom were two nuns, came to him to reclaim their property. Rad- bod Lancelin's son, drove them away with scorn ; he afterwards built a castle at Man for his residence. Radbod married Idda, the dau-hter of duke Frcdenc of Lotharingia*, or Lorraine, and niece to Hugh Capet the founder of the tiiird dynasty of French kings. Radbod aave Muri as a dowry to his wife, who shuddered with horror when she^ heard on the spot the tales of the injustice and cruelty which her father-in-law and her husband nad been guilty of against the poor inhabitants, in order to extort their property from them. But the victims were by this time Sil of ^7 T"^"'"? "' ^''''^^'' ^''''''' ^^^^^' ^y '^'' -^^-'^ of the bishop of Strasburg, thought of making some reparation, according, to Tl.l7 ^"l 'T"' '^ '^"'^"^^^ ^ ^^"^'^"^ '' ^^-i' - the raising of which four hundred men were employed. . The abbey of Muri became r di wuh donations, and flourished in learning, and it has continued to our da>s one of the most considerable in Switzerland. Radbod about the year 1020 built another castle on a steep hill, called Wulpeisber<. ^hich rises above the Aar, near the site of ancient Yindonissa. This castle was called Ilabsburg, from habs, terra aviaficaf, being built on an estate or patrimony hereditary in the family. From that time the counts of Altenburg took the title of counts of Habsburg. The r^:^^:^:::^^^ «^ ^^- -- -, ana who .as Millei''o'piZnf ''" '^""^"^ "*"^ ' ^^"'^^ ^^-'--^- «^« Ducange. The above is Castle was small, being proportionate to the size of the estate ; it was, however, strong by its position and well fortified. Werner, bishop of Strasburg, and Radbod's relative, who had advanced some money for the construction, having come to see the new residence, was mortified at its diminutive proportions. Radbod, who had employed the money in securing the friendship of the neighbouring freeholders, who swore an inviolable attachment to his family, collected a number of them in the night, and, when the bishop rose next morning and saw this multitude in arms, he appeared uneasy ; but Radbod said to him, " With your money I have raised these living walls ; valiant and faithful men like these are the safest of all castles." Such were the humble beginnings of the house of Habsburg, which has risen since to so high a degree of power and greatness ; but of its fortunes, and the influence it exercised over the destinies of Switzerland, there will be ample occasion to speak in the sequel of this history. The abbot of Muri gave the peasants who came to settle on its do- mains a hut, a plough, a cart and four oxen, a sow and two young pigs, a cock and two hens, a scythe and axe, and seeds of hemp, millet, oats, beans, peas, and turnips. Their services were likewise defined : each settler was obliged to labour in spring and autumn four acres of the abbey lands, to act as letter-carriers and messengers for the monks as far as the Aar and the Reuss, to fetch wine from Brisgau and Alsace, to lodge guests of the abbey three times a-year, and to watch one night, for a glass of beer and half a loaf. The contributions they had to furnish in cloth, cattle, and other produce, were also determined. The town of Zurich had become the depot of an extensive commerce between Italy and Germany, by the road which crosses Mount Septimer in Rhsetia and the valley of Misox, and over Mount Cenere into Lom- bardy. As early as the tenth century we find Zurich styled civitas et colonia impei^atorum. This was at the time when Henry L ordered the towns to be surrounded by walls and ditches, in order to defend them against the frequent irruptions of the Hungarians. He appointed at the same time markgrafs, marchiones, on the neglected frontiers ; whilst at the head of his Germans he defeated the Hungarians, and checked their fearful advance upon vvestern Europe. To the towns and ancient Roman colonies which still existed he gave charters ; he ordered that the ninth part of the armed men of the Banlieue should live within the walls, and that one third of the harvests should be kept therein. He gave them other privileges; he was, in short, the founder of the bourgeoisie, or third estate. By degrees the artisans in the towns ex- celled those of the country, for in the latter the same family did all kinds of work themselves ; they spun, wove, &c. ; whilst in the towns the division of labour was first practised, and every workman followed a par- ticular branch of trade, which he continued all his life. At last the peasants confined themselves to the works of the field, and came to the 24 HISTORY OF SWITZERLAND. [period I. towns to purchase other things they wanted, with the surplus of their produce. The exchange between town and country became thus regular, and days were fixed for markets and fairs. Agriculture and handicraft, being thus mutually encouraged, soon afforded a surplus for speculation and extended commerce with foreign countries. The emperors established at Zurich tribunals and consulships for the Lombards and other nations who traded on that road. Innkeepers, tradespeople, artisans, packers, custom-house officers, and others, crowded into the town. Zurich be- came the capital of all Thurgau, or northern Helvetia. The abbot of St. Gall established a market at Roschach near the limits between Helvetia and Rheetia. Athelstan, king of England, sent an em- bassy to St. Gall, and concluded an alliance with the abbey by means of bishop Keonwald. The abbey was then at the height of its splendour; its friendship was sought by lords and sovereigns. Singing, versification' and calligraphy, were particularly attended to in its school, and its re- putation in music has been maintained till latter days. Ekkard, who died m 996, was one of the most learned men the abbey produced. He was a great favourite with Hedwige, duchess of Suabia, a lady versed in classical literature. After her death the emperor Henry II. bestowed her abbey of Hohenwiel and Stein on the bishop of Bamberg. He granted to the serfs of the bishop and of the abbot the right of marrying and living together in families, for before that, as in the former ages of Rome, that degraded race had not the rights of connubia, but lived pro- miscuously hke the animals of the field. This was the first great step towards emancipation. Seven other abbeys of Thurgau, among which were the chapter of Zurich, St. Gall, Einsiedlen, Scckingen, andReich- enau, granted to their serfs the connubial rights, as well as the right of inheriting property ; but others refused to follow the example. With regard to forced services or corvees, they were few and definite, and might be redeemed at a small cost, the price of a day's labour being very low. "^ The nobles, seeing their vassals thriving and rich, attempted to in- crease the fees and dues which the latter paid ; but the freemen of Thurgau opposed their pretensions, and this was the first time in the history of modern Helvetia that we find the people employing force against the abuse of power. The commons of Thurgau marched'' under the orders of Henry of Stein ; some of the lower nobility, milites sim- plices, distinguished from domini servitiales, joined the popular side; they were worsted, but their resistance proved an effectual warnino' to the high nobility. Several abbeys, among others Einsiedlen, took part with the nobles, by whom they had been enriched, against the people, *• not reflecting," as Muller observes, " that a single irreligious prince could strip them in one day of all their wealth." The canton of Glarus was inhabited by serfs of the abbey of Seck- ingen, by strangers who farmed lands of the abbey, and a few freeholders. PERIOD I.] HISTORY OF SWITZERLAND, 23 Twelve noble families were bound to military service for the abbey, 34 more paid a small fee. The mayor appointed by the abbey elected the judges, from whose sentences the appeal lay to the lady abbess, who was looked upon as a mother by the people. Capital punishment could be inflicted only by the emperor, to whom 200 livres were paid every year at Martinmas. The tenants paid fixed rents in proportion to the produce of their lands. The judicial fines, called fredim, also went to the abbey, and this was a great source of seignorial revenue. The mayorship of Glarus remained for 300 years in the family of Tschudi, one of the most ancient in Switzerland, which has since given seventeen landam- mans to their canton, produced many warriors, and the oldest historian of the Helvetic confederacy. Some say the Tschudis were originally de- scended from a Scythian slave freed by the emperor Louis IV., who publicly took a denier from his hand as the price of his emancipation. The serfs of the sovereign were considered nearly as equal to freemen. Conrad having died after a reign of 57 years, the states of the king- dom of Upper Burgundy assembled at Lausanne, and chose his son Rudolph III., A.D. 993. He was a weak and capricious prince; and, having deprived a noble of his patrimony, the nobility assembled, gave him battle, and defeated him. His aunt the empress Adelaide, daughter of queen Bertha, and widow of Otho the Great, was the means of saving him through the respect which her virtues inspired. But Rudolph did not regain the confidence of his subjects ; and, his estates being badly ad- ministered, he became poor and distressed. Having no male issue he looked for support to the Emperor Henry II., whom he declared his heir in 1010, sending him the spear and the ring of St. Maurice, which were the insignia of investiture. Eudes count of Champagne, nephew to Rudolph ; the count of Poitiers, a relative of the king of Aries ; and the count of Besan^on, opposed this cession, which was contrary to the ancient usage of electing their own kings, which the Burgundians claimed as their right. Rudolph fled to Strasburg with Hermangard his wife, in 1016, and finally gave up Burgundy to the emperor. The Burgundians refused obedience. Henry marched troops into Helvetia under the command of Werner bishop of Strasburg, and Radbod of Habsburg. The kingdom of Upper Burgundy was composed of heterogeneous races; it was divided between Germans and Burgundians, between German and Romance languages. The Aargau, the Oberland, and other districts, were essentially Germans, and therefore sympathized with their country- men of the empire ; whilst the Waadt, since called the Pays de Vaud, Geneva, and Neuchatel, were connected with Burgundian France. This distinction, with its attendant differences of language, character, and sympathies, has perpetuated itself to this day. Werner crossed the Oechtland, and met the Burgundians, commanded, by the count of Poitiers, near the lake Leman. The Burgundians were defeated and obliged to swear fidelity to the emperor. Henry, however, died without 26 HISTORY OF SWITZERLAND. [period I. heirs, and before his cousin Rudolph, in the vear lOOd r a^ . of Francouia, called the Salic, was elected emre'^^^^^^ n ^^^' people, called into the country bv th. n '^''"*'' !''"' "^«y ^"e a free digenous Gauls to a ZT'^l^XTZ'Zt TT. '' ''' '"• chosen their own kinir, Af„ • „ *'"" "'^y ^""^ ever since 1-vins died in 032 Conr.d X;""' ''"'°''''' "'- ^'^■^'^ ^^-''-. sion of Helvetia or U„rr R , u ''"'""''"' '■^™""'«' '" P««^es- Her«e„garrR:Ilph.?:d!rTSf ^'"f T''''' *« '■"■-«« "^ and of a multitude of Bur"u„dian Lrds , '""'" "' ^'''""^""''' after all the ancient form^nf " , ^- t\f ''"' """"''^^ "' ^^'^^a. the second kLgTon of Burld ^b" 5 '"" "'""'''• '^'"'^ ^"''^'^ and Kudol,. 1^^^ b:t;:in1orc:rd^i:nfr:r:ft^er" 'f ^ ^^-^^^ Soleure, a town which wa, ZTl !k • Durgundian nobility at chapter of St Urs and tt R^ '^'"^ ""''" the protection of the Henry for thei^W *""' *''«/"^S""'l'an nobles chose Conrad's son >y lor tneir knig. Henceforth the historv of all H«i„^t- i closely connected with that of the German empire '™'"'' of the Burgundians, and Kh.tia ^S w s itTsredT' t' pendency of Northern TfoKr tt i i.- . consiaerea as a de- c.n,.d,-,,,. „",'',:':, "a ","'; :: •■ ■• "■*; "■« »' •>" «» the priests. He also forbade them to recle itf"^ "f^"'l '"^^"^^ from laymen-a result of HenrTlV J i i ^' """^ preferments livings. He also was th: fet ^o mai t Wmirthr^T!, ^^"^"^ to dethrone the emperors, and release tlT^l^Ti^^^^^^^ fidelity. The council held at Rome in 10^- '"J^.^^^ *rora then- oath of the corruptions of churchmen a^^'LveS '' ''''''' the same time to establish fha ""^""^^'^y f the emperors, went at me to establish the supremacy of the popes above every * See page 18, towards the end. PERIOD I.] HISTORY OF SWITZERLAND. 21 Other power. The pope denied to the emperor the right of investiture to bishoprics and abbacies. Henry boldly resisted the pretensions of Rome, and in a diet held at Worms, to which many German bishops and abbots repaired, Gregory VH. was declared to be a usurper of the tiara, and was anathematized. Gregory in his turn excommunicated Henry, and released his subjects from their oaths of fidelity. It is a remarkable fact, which shows the confusion of ideas in those times, that while councils of churchmen pretended to interfere in temporal affairs of state, diets of laymen assumed a right to dictate in matters of church discipline. Thus an extravagant and unjust assumption of one party provokes another as absurd and outrageous from the opposite quarter. Helvetia was distracted, as well as Germany, by the effects of the schism. Buikard, bishop of Lausanne, who was married, uxorem legitimam habuit, says the *' Chartularium" of Lausanne, the bishop of Sion, chancellor of Burgundy, Otho bishop of Constance, and the bishop of Basle, were on the emperor's side. The bishop of Lausanne sold eleven farms be- longing to his see, and armed his serfs in favour of his sovereign. Henry bishop of Coire, was for the pope, although Rhsetia in general stood by the emperor, and this induced Welf, or Guelph, duke of Bavaria, to ravage the fine valley of Engadina with fire and sword. Berthold of Zaringen, a Suabian nobleman, who had been deprived by Henry of the duchy of Carinthia, and Rudolph of Rhinfeld, duke of Suabia, whose ambition aspired to the empire, reconciled their private feuds, and, taking up arms against the emperor, were followed by the counts of Kyburg, and by the town of Zurich. The emperor's party prevailed in western or Burgundian Helvetia; Rudolph's in the German part of the country. The emperor, wishing to reward the fidelity of the bishop of Constance, gave him the administration of all the fiefs which Rudolph possessed in Roman or Burgundian Helvetia. The warlike bishop soon afterwards died in battle with arms in his hands. Berthold of Carinthia, on his side, ravaged the possessions of the bishop of Basle. He also, in con- cert with Guelph, duke of Bavaria, attacked Ulrich, abbot of St. Gall, who had taken the emperor's part. The abbot, being hard pressed, pledged the ornaments of the church to carry on the war ; but at last, seeing the calamities that fell upon his vassals, he abandoned his convent, and concealed himself for two years ; and the monks, in imi- tation of their abbot's example, dispersed among the Alps. After the defeat of Rudolph by the emperor, the abbot of St. Gall reappeared and resumed his jurisdiction. Excommunicated by the pope, sur- rounded by powerful enemies, yet strong in the attachment of his vassals, he governed his abbey, together with its vast possessions in the moun- tains of Appenzell*, for fortj'-six years, from 1071 to 1117, and never forsook the cause of the emperor or sued for peace. On the other hand, he was never the first to commence fresh hostilities, nor sought, like * Jbfen Zell, *• the abbot's cell," from which is derived the name of the cantoa. 28 HISTORY OP SWITZERLAND. [period I, PERIOD I.] HISTORY OF SWITZERLAKD. 29 olht S.'"' '" """' ''^ ''''^y " '"^ ^'"""y -* the property of After the death of Rudolph, who was killed at the decisive battle nf Mersburg m 1080. the duchy of Suabia, or Alemanniar^rcon ested the dT f r-"""°" "' ^'""'^••'' -'"' ''«'' -"-d a daughter of the duke of Zanngen, and Frederic of Hohenstauffen, son.i„.Ia^v to the emperor Henry Berthold died in ,090, and left all his posJe i „ and clauns to his brother-in-law Berthold of Zaringen, to whom the lords of Suabia, assembled at Ulm swore fiHpIif^ onH bv Guelf H.,1,. nf R. • "''"'"•/^^o'^e hdehty, and were supported Dy uuelf, duke of Bavaria, whose dominions extended as far as Hnn gary. ButBerthold of Zaringen. weary of the difficulties aniaTan"iL" of the long-protracted struggle, made a voluntary sacrifice of h s riXts he repaired to Maynz. where a general diet of ^he empire was aim' bled and there surrendered his claims to the ducal dig'nity In fav r^f Berthold the office of imperial kastfogt, or warden over the town chan tera„d district of Zurich, thus detaching that part of Helvetia f";™ h'e duchy of Suabia properly so called. From this epoch the beneficen! etrr a^^^Lt-r " '"-- ""- -' ^ - «^--" Henry v.. successor to Henry IV., having died in 1125, Lotharius duke of Saxony was elected in his place. Renaud. count of BulX refused homage to the new emperor, alleging that, by the extinction of Conrad's Ime m Henry V.. last emperor of the house of Francon f the crown of Burgundy had become vacant, and the people were Tt'ortd to their right of choosing a king in a new familv. Havin.^ absen ed umsel, from the general diet held at Spire, he wa/put to the 'ban of t' empire, and Lothanus appointed Conrad of Zaringen, son of Berthold landgraf and imperial rector of Burgundy, with oilers to carry on the' war agamst Renaud. Conrad crossed the Aar, at the head of a power! ful host defeated Renaud, and took him prisoner. Renaud havil appeared before the diet, and made his submission, was allowed to re' tain the government of the country west of the Jura* but lost his iuris- diction in Helvetia, which was henceforth governed by the dukes of Zanngen. After Lotharius' death, Conrad of Hohenstauffen was elected emperor, to the exclusion of Henry " the proud," duke of Bavaria ani of Saxony. The duke of Zaringen, having espoused the cause of the alter, was attacked by Frederic, Conrad's nephew, and constrained to do homage to the emperor, who graciously confirmed him in his jurisdiction. * Conrad died in 1152 and his nephew Frederic, called Barbarossa from the colour of his beard, was proclaimed emperor. He married Beatrice, daughter of Renaud, and heiress of Tranche Comtt?. The new of L^'rcl^jS&io^^^^^^ ""''"'''*^ '' ^^"^^ ^^^^-^ ^*« ^°-t was independent monarch wisely confirmed, and even enlarged, the jurisdiction of Berthold IV., duke of Ziiringen, by appointing him imperial vofjt or warden to the three bishoprics of Lausanne, Geneva, and Sion. A long contest, how- ever, ensued with Landri, bishop of Lausanne, who appointed another warden, and appealed, at the same time, to the pope. At last the duke of Zaringen was acknowledged by the bishop in 1178. The see of Lausanne was then rich and powerful ; its farms extended along the shores of the lake, and towers were built to protect them. The city of Lausanne itself was fortified. The chapter ccmstituted a court of jus- tice in all matters concerning the vassals and serfs of the canons. The duke of Zaringen, either through policy or interest, gave up his avouerie or wardenship of the see of Geneva to Aymon, count of Genevois who held a considerable tract of country on both sides of the lake. The bishop opposed the count's jurisdiction in the city and castles of his see. At last the emperor was appealed to, and acknowledged the bishop as prince of Geneva, under the immediate authority of the empire. Geneva thus became an imperial town. The bishopric of Sion, after remaining for a time under the jurisdic- tion of the counts of Savoy, with the consent of the dukes of Zaringen obtained in 1189, the same privilege as that of Geneva, of being placed' under the immediate jurisdiction of the empire. The lands of the Wallis or Valais (vallis Agerana) were cleared and brought into cultiva- tion, as far as the sources of the Rhone, by noblemen and freemen from Burgundy. These settlers met in their advance over the Grimsel Alps, on the side of the Ober-hasli, with other pioneers from the country of Zurich, who had pushed their settlements as far as the Engelbero- and Mount Brunig. The barons of Thurn, who had emigrated from Dauphiny and resided at Gestelenburg in the Upper Valais, were the most powerful lords of that district : they held themselves independent of the bishop of Sion, and even interfered with the exercise of his jurisdiction, which ex- tended not only to chattels, but to lands and to oflfences ; the bishops had also the command of the militia, and the collection of the fees and duties both annual and extraordinary. In a convention of the assembled lords of the Valais is found the foUovving passage which is characteristic of the times : " Whereas the Baron de Thurn has caused travellers who have refused to pay the tolls and duties exacted by his collectors, to be assassinated on the high roads, the bishop of Sion shall give in future an escort to passengers for their security." In the towns which enjoyed imperial charters the elective principle prevailed, and the hereditary prerogative of the dukes and counts was very limited. Geneva, having rejected the jurisdiction of the counts of Genevois, placed itself under that of its own bishops, who were elected by the clergy and people, and whose authority rested mainly on the good will of the burgesses. At Zurich, too, where the duke of Zaringen was imperial govenor over the regii Jiiscalini or free vassals of the empire, 30 HISTORY OP SWITZERLAND [period I, PERIOD I.] BISTORT OF SWITZERLAND. 31 including the religious houses in the city, the burgesses had the right of appointing their own avoyers to watch any encroachment on the part of the governor. The canons of the Gross Mnnslcr, or great church, elected their own provost. The abbess of the Fraumunsler, or nunnery, appointed her avoyer to judge of causes merely civil. Criminal cas^s were brought before the governor and decided by eight burgesses and four knights or councillors, elected for four months. Judgment was wise ml ,?'""''''"^' *" '"'"'" '''^^''"'' <»"" precedents sanctioned by dukes of Zanngen had more substantial power; they held great part of ectors" tI" i^T" 'T""' ^"^* ^"^•^^^'1 *e rest as imperial rectors They presided at the provincial diets, or. seated under an ancient oak near the high road, they gave judgment in capital cases and on appeals. They had the command of the armed force, furnished escort travellers, received tolls and fines, granted the investiture of fiefs and tenures coined money, and had the right of cutting timber in the orests That part of the country called the Oechtland, which answers to the central parts of the present cantons of Bern, and Frevbur- had fewer oS "oM t;'" f T ""'■' -' ™^^"^- ^"^ ^"•'aSi' 'It chiefly old settlers, hereditary proprietors of moderate estates, whose a^.cest«rs had explored and cleared the wilderness. The couilts of Gruyere in the south, and those of Neucliatel to the west, were t e no!t po«xr ul lords in the neighbourhood. Berthold IV. of Z rin^en i 17s built the town of Freyburg (free iorcr.) on a steep hill above "hT v ! Saane.as a stronghold and place of security for the freemen and others of he surrounding country against their more powerful neighbours. Whils building the wall., the colonists were obliged to hire mercenary soldi •n order to protect themselves and their works. A numS inferior' noblemen inscribed their names among the burgesses of the new town bu from the first they made a distinction between themselvesld rtei; t';::g\^;:;'e"f; t;r''^ T^ ra;k"r:Se";;^:nr,XT^^^^^^ Tiortnnr'P in/i +u« • i i • ^ -i icvuurg sooii rosc into im- portance and the neighbounng country .as cultivated with remarkable care. The lords and peasants for three leagues around joined tlie rising comn.unity; town and country formed but one socie v, adn t'st cd by an avoyer elected every year by all the burghers; ' In the fame fronl the other Si! a t A"s " ^^Jo^^ nei,.hbl,urhood, apar centurios and a half, FreybuW halr^fW^ . '^' ^''^*- ^^^^''' ^^^^- ^'^P^^ of six spirit of its first founde'4 as^the ml/ "^ T '''"• *''""' ^^'^ characteristic versity of lang„a..P, ori^-rliaHni. inT 1 ^"'*"'''^*'e f '*>' i« Switzerland. 1 he di- settlefs, has alio bl^en r^aintS to tit l""^ ^'^^^'^^ ^^ Btngtmdian and Germa, and the other German ^'"^ ^ *^"' day,-one part of the town speaking French manner Berthold IV. enclosed the towns of Moudon and Berthoud (the latter of which took his own name) and other places, all of which were under his own protection and paid him dues. The love of peace, order, and security, contributed to people the towns. There municipal freedom existed : the lawsuits of citizens were brought before twelve councillors chosen from among themselves *, and presided over by an avoyer, (scheltheiss,) wlio was elected for one year. As hereditary governors, the dukes of Zaringen received a cen- sus on every house, and a duty on goods, as well as tolls on the roads and bridges : they also inherited one-third of the property of any person dying, provided no heirs had been declared within one year after the death. No citizen could be summoned before the judges of any other court than his own, and no foreign witnesses could he brought against him. None of the duke's servants could be witnesses against a bur- gess. In doubtful cases it was not the duke who decided, but either appeal of battle was resorted to, or the case was carried before the court of Cologne, whose jurisprudence had been the model of the laws given to the towns by the dukes of Zaringen. After the death of a citizen his estate went to his widow. Orphans were under the protection of the town, who appointed guardians. The councillors and burgesses fixed the price of bread, wine, and meat. Any inhabitant of a town was at liberty to leave it when he chose. Many serfs sought an asylum in the towns, and, if not claimed within the year by their lord, xoho was obliged to prove their condition by seven witnesses from among his relatives, they were considered free. In urgent cases which con- cerned the whole community, the burgesses taxed themselves. If re- quested to accompany the duke, as an escort, or for other purposes, they had the option of going no farther than a distance from which they could return at night and sleep in their houses. Their houses were, in fact, the security the duke had for their fidelity. The love of liberty nourished by the inhabitants of the towns was circumscribed to themselves ; their sympathy embraced only their im- mediate neighbours. Whatever was out of the pale of the community was either openly hostile or suspected. Berthold IV. died in 1185, and his son Berthold V. succeeded hii.i, and followed his steps. The house of Zaringen pursued a regular system in promoting the building of towiis, which thus formed an important addition to its own possession, whilst they resisted their turbulent and ambitious neighbours. The great lords of the Alps and of Burgundy, jealous of the increasing influence and power of the duke of Zaringen, rose against * The word pares, peers, did not mean in Ililvetia persons of the same profession trade, or condition, in which case professional jealousy or ignorance niij^ht defeat the ends of justice, but persons enjoying the same rights and privileges which were alike to all freemen of towns. 32 HISTORY OP SWITZERLAND. [period I, him but were defeated in 1190, between Payerne and Avenches, and next year m the valley of Grindelwald. Berthold, faithful to his lieee lonl the emperor, ^vas looking out for a spot at an equal distance from either of his enemies, and in tlic centre of the Oechtland, on which to build a more important town than any yet raised by his predecessors ; and this town he intended as a defence to the lands belonging to the empire against the encroachments of the feudal noblemen, who, availing them- selves of the absence of their sovereign, had usurped the rights of the crow-D. He fixed on a steep peninsula, formed by a curve of the foam- ing Aar, having a forest at the back, and a vast extent of meadow-land in front. He directed Cuno of Bubenberg to enclose this spot in 1 1 91 ihe first enclosure was afterwards enlarged at different epochs The new city was called Bern, some say from bilr, "a bear," Berthold havmg kdled one of those animals while hunting near this spot; others from a Celtic word, signifying a place where justice is administered A number of noblemen, among others D'Erlach, of an ancient Bur^in- dian family, the lord of Egerden, and that of Muhlern, and many more ivhose names have since become extinct, went to reside in the new citv built houses and even whole streets. Bern was placed under the direct protection of the empire, a free, imperial town, and no family, however noble, exercised any dominion over it, or in it. It was from its birth a commonwealth of free, independent gentlemen. An avoyer, assisted bv two councils, one of twelve, and another of fifty, had the administration of public aftairs. The secondary nobles of the neighbourhood sought Its alliance against the oppression of the counts, and served under its banner. The city took up their private quarrels, and by so doin^ and by the constant use of arms in an age when the sword was tlie .reat public law. It extended its jurisdicti.m, and became powerful and re- spected. The emperor Henry VI., in 1198, wrote a letter to the citv placing the convent of Interlaken under its protection, and Frederic II* afterwards bestowed on it considerable privileges in the Golden Bull' dated Frankfort, May, 1218. The regulations contained in the latter document have served as the foundation of the civil laws of Bern till the present time. Several substantial burgher families from Zuricli and Friburg in Brisgau, came to settle at Bern, and brought with them the arts of industry. A number of artisans also resorted thither Berthold V. had by his wise and just conduct acquired such a renu- tation all over the empire, that at the death of Henry VI in 1 1 98 several states of Germany offered him the imperial crown: but he de' clmed the dangerous gift, and preferred his humbler, but still splendid jurisdisdiction, over his native land, in the midst of his hereditary dos sessions, where he lived for twenty years longer, respected by all for- midable to the great whom he kept effectually in check, and cherished bv the towns whose freedom he had established and supported. By his PERIOD I.] HISTORY OF SWITZERLAND. 33 death the office of rector of Burgundy ceased, and all Helvetia became again annexed to tlie German Empire. There were, besides Zuricli and Bern, tliree other imperial towns in Hel- vetia ; these were Solcurc, Busle, and Scliaffhausen. The town of Soleure, Solothurn in German, which adjoined the chapter of St. Urs, had obtained already, under Rudolph, last king of Burgundy, the right of electing its own magistrates, which was confirmed by the emperors ; in whose hands the J us gladiU and the appointment of the avoyer remained. These last rights of supremacy were mortgaged by Henry VII. to the counts of Bucheck, who held an important office under the chapter of St. Urs, and who ultimately ceded them to the town itself. The neighbourhood of Soleure and Bern, and their common interests, made them close allies, and the rights of bourgeoisie, or the freedom of both, were en- joyed in common by the burghers of each. The city of Basel, galllce Basle, was at first under the jurisdiction of the bishops, and afterwards of the emperors. The burghers were divided into classes according to their respective trades, as was the case in Zurich and most free cities at that time. All was corporation, a circle within a circle, every trade had its privileges, its laws, its magistrate or provost, its banner, and its guard. *^ There was this difference," says Muller, " between these republics and that of infant Rome, that in the latter the agricultural part of the population, whose habits were warlike, had the ascendency, whilst most of the republics of Helvetia in the middle ages were essentially commercial, inclined to peace, and free from ambition, at least beyond the precincts of their respective districts." Bern was, perhaps, the principal exception to this rule, its jiopulation consisting chiefly of free nobles and landholders, and not of traders. At Basle four knights and eight notables, chosen among old burgher families, and twelve deputies, elected by the trades, formed the sovereign council, which was renewed every year; the bishop confirmed the ap- pointment of the burgomaster. Basle became early, next to Zurich, the most wealthy and flourishing city in Helvetia. Schafihausen, a mere hamlet of boatmen, grew by degrees into a town, at first under the jurisdiction of the wealthy neighbouring abbey of" All Saints," of which it afterwards freed itself, and was admitted to the rank and privileges of a free imperial town. Bienne or Biel was also at one time an imperial town, the counts of Neuchatel being its avoyers, but it lost its independence afterwards, and fell under the domination of the bishops of Basle. The house of Savov had conslderablv extended its possessions in southern Helvetia. Humbert " of the white hands," couijt of Maurienne, the founder of his dynasty, had received from the emperor Conrad II. the Chablais, or the southern coast of the Leman, with the lower Valais, the country round the northern shore as far as Vevai, and the Provincia Equeslris, which extended along the other, or western side of the lake, u HISTORY OF SWITZERLAND. [period I. from Geneva to Rolle. The name of pagus cqucstm was taken from Noviodunum. now Nyon, which is marked in the Roman itineraries as Colon^a equeslris. The emperor Philip, in 1207, gave Thomas, count ot bavoy, the castle of Moudon and all its appurtenances; Frederic II. passmg through Turin in 1238, and being well received by Amadeus IV recognised him as duke of Chablais. The counts of Gmyere paid homage to the more powerful counts of Savoy, and the bishops of Lau- sanne gave them several towns and castles of their dependence, and even one half of the revenues and rights of Lausanne itself; thus the counts ot bavoy by degrees became possessed of the greater part of the barony of Vaud, as far as Morat and Yverdun. The counts of Neuchatel were also great feudatories of the empire. They were possessed of the counties of Neuchatel, Valengin, and Nidau ; the Nugerol, or country round the lake of Bienne ; and the castle of Aarbcrg. In northern Helvetia the counts of Toggenhurg were possessed of the provinces of that name, as well as of Uznach, and of several districts in Khoetia. The counts of Werdenberg lield the Kheinthal and the county of Sargans. There were besides numerous other counts, though not so powerful as the above, both in Helvetia and in Rhtetia, all of whom had a great number of sub-feudataries. The old chronicles enumerate fifty counts, one hundred and fifty barons, and more than a thousand noble tamilies, scattered all over the countrv. The house of Kyburg, one of the most powerful in all Helvetia, had, besides its own possessions in Thurgau, acquired by marriage the exten- sive domains of the extinct house of Leuzburg, in Aargau, and the countrv 01 Zug. Ulnch of Kyburg married Anne, sister to Bcrthold V., last duke of Zaringen. By the death of the latter without issue in 121S the %.-l."Ie rich inheritance of the house of Zaringen fell into the house of Kyburg, including the counties of Thun, of Berthoud, the town of Freyburg, and the landgraviate of Burgundy. Ulrich and Aunc left two sons and a daughter; Hedwige, the latter, married Albert, count of Habsburg, by whom she had Rudolph, afterwards emperor, and head of lOfil^fH , "'?'u ^^ *" """'"S^- »"'• ">« -'^^^q-"' death, in 1264, of Hedwige's brother, Hartmann of Kyburg, called "the old " ^tee estates were left to his nephew Rudolph, the paramount greatne'ss of the house of Habsburg was established in Helvetia. That house was possessed already of part of Aargau, and of the wardenship of Bipp Falkenstem, Bechburg. Olten, and Soleure. Rudolph of Habsb irJ now inherited the bulk of the united patrimonies of the houses of Lenz! burg, Kjd)urg. and Zaringen, in which splendid inheritance were included rtie greater part of Thurgau, Zurichgau, Oechtland, Zug, the towns of ^ursee, Sempach, and Winterthur, the counties of Baden and Lenzburg m Aargau, the wardenship of the convent of Seckingen and Claris, and the Lasdgraviate of Burgundy, from Thun to Aarwangen. Rudolph PERIOD I.] HISTORY OF SWITZERLAND. 35 also acquired, in 1274, from his cousin Eberhard of Habsburg, the town of Freyburg, which formed part of the Zaringen inheritance. Rudolph's possessions spread, therefore, over a great part of Helvetia, from the lake of Neuchatel to that of Constance, and from the banks of the Rhine to the foot of the Alps. While the great vassals cf the German empire were thus extending and consolidating their power in Helvetia, the authority of the distant emperors became merely nominal. In fact, the empire itself was at this period distracted by contested elections, and consequent wars, both in Germany and Italy. After the untimely death of Henry VI , son of Barbarossa, in 1198, the imperial crown was contested between his brother Philip, duke of Suabia, Frederic, king of Sicily, the infant son of Henry, and the Guelph Otho, son of Henry the Lion, duke of Bavaria, and the foe of the Hohenstaufen family. Innocent III., one of the most able, rigid, and imperious pontiffs that ever sat in the papal chair, and who asserted the right of raising and deposing princes at his plea- sure, pronounced first in favour of Otho, then acknowledged Philip, whom he had before excommunicated, and after Philip's murder by Wittelsbach, he excommunicated his former protege Otho, and sanc- tioned, in 1212j the choice of young Frederic of Sicily, the only remain- ing male offspring of Barbarossa. Frederic, who was but seventeen years of age, though already a husband and a father, accepted, contrary to the advice of his Sicilian councillors, and of his queen, Constance of Aragon, the perilous offer: he proceeded first to Rome, where he had an interview with Innocent; and thence, through many dangers and narrow escapes from the partizans of Otho in Lombardy, he reached, at last, the mountains of Helvetia. The bishop of Coire and the abbot of St. Gall received him as their sovereign. Thence he hastened, with only sixty followers, to Constance, where he arrived just in time to fix the wavering minds of the bishop and the burghers. The abbot of St. Gall exerted himself strenuously in his behalf Otho, Frederic's rival, was close at hand with his troops; his cooks and quarter-masters were already in the town. But the gates were suddenly closed against him, and Otho was obliged to retire. " Had Frederic been three hours later," says Raumer, in his history of the Hohenstaufens, *' he might never have worn the imperial crown." As it was, Frederic's success was from that moment progressive, though slow, until at length, in 1215, he was universally acknowledged as emperor and crowned king of the Romans. His reign was stormy, and distracted by his quarrels with the popes, and with the Lombard cities. Frederic died in 1250, and was succeeded by his son Conrad, who died suddenly four years after- wards. William, count of Holland, who was elected next, though not universally acknowledged, having died also in 1256, a long interregnum followed, during which the imperial crown was contested by Richard, earl of Cornwall, and Alfonso of Castile, who had each their partizans, d2 36 HISTORY OF SWITZERLAND. [period r. PERIOD I.] HISTORY OF SWITZERLAND. 31 At last, m 1273, Rudolph of Ilabsburg was, by universal conseut, elected emperor, and the archbishop of Cologne proclaimed on the occa- sion, that Rudolph was " wise, just, and beloved of God and man." We will now take a short view of the character of this remarkable prince, and of his conduct towards Helvetia, his native country, the cradle, and' for a long time the main support of the extraordinary fortunes of his family. Rudolph, after leading a wild and irregular life in his vouth, had since fully retrieved his character. He was active and bmve, very ski ful in state affairs, and although certainly ambitious, yet equitable and just. There was in his disposition a strong element of native honesty, and his firmness was free from obstinacy. He was in general a favourite with the towns, who, amidst the troubles of the inlerreg- nnm, had felt thankful for tlie countenance and protection of so powerful a chief Zurich had chosen him to command its militia on being threatened by his neighbour Ulrich, baron of Regensberg. Ru- dolph defeated the baron, and obliged him to seek the forgiveness of the citizens. He was not, however, on such friendly terms with the people of Basle. The misunderstanding originated in some disputes he had with the bishop of that city, and an affray which occurred soon after widened the rupture, During the carnival of 1273, a number of kni-hts and other young noblemen, the friends and dependents of Rudolph repaired to Basle to enjoy the festivities of that merrv season. Some of them behaved rudely to the burghersMadies,the husbands and f.thers of whom rose against the insolent intruders and killed several of them Ihe count of Habsburg, on receiving the dismal news, collected troops' and marched against the city. While he was besieging the place the news arrived of his election to the imperial throne. On hearing this. the citizens of Basle came out of their walls with every mark of respect towards the new emperor, and invited him to enter their city with his troops. The past was easily forgotton ; Rudolph assured the citizens of ±Jasle of his friendship, and they swore allegiance to him. It was a time of wonder and rejoicing in Helvetia: the magistrates of the town, the nobles, great and small, all repaired to Brougg in Aargau to conc^ra- tulate the emperor. Their countryman, the valiant Rudolph, had been raised to the first throne of Europe. Rudolph, on his part, notwith- standing his elevation, the multifarious cares it brouaht on him, and the distance to which it removed him from his country,\etained to the end of his life an affectionate regard for his brethren, the people of his native valleys. He granted Zurich a solemn pledge that that city should never be alienated from the empire. This was an important privilege in those times, when the emperors often gave away to the nobles, for pecuniary or other considerations, lands and towns belonging to the empire, as if thev had been their private domain, by which means the inhabitants lost their immunities and privileges. He secured to Zurich, Schaffhausen, and Soleure, the right of having their judges and avoyers taken from ai^ong themselves, and of being governed by their own municipal laws ; and he bestowed on another town, Luzern, similar franchises. These he also extended to Bienne, Aarau, Winterthur, Laupen, Diesenhoffen, and other secondary places ; he moreover protected Lausanne and Freyburg against the encroachments of the counts of Savoy, asserting in that part of the country the imperial authority, under which he restored to their liberties all those who had been free before. He raised the bishop of Lausanne and the abbot of Einsidlen to the rank of princes of the em- pire. He was liberal, but just and impartial, as well toward the towns as towards the nobles. On their part the towns, and the country at large, showed their sense of gratitude to him by abundant supplies of men and money, in the exigencies in which he was often placed. The city of Bern formed, unfortunately for both parties, the only exception to this good understanding. That city had acquired great importance in western Helvetia; it stood constantly in arms against the neighbour- ing nobles ; its fidelity to the empire having excited numerous enemies, it was compelled, during the interregnum, to place itself under the pro- tection of Philip, count of Savoy, and to make alliances with Soleure, Freyburg, and other towns. The river Aar separated Bern from the domains of the count of Kyburg, for a branch of that family still sub- sisted in the person of Hartman the young, nephew of Hedwige, Ru- dolph's mother. This Hartman dying, left a daughter, Anne, who married Eberhard, of Habsburg-Lauffenburg, cousin to Rudolph, and thus was formed the branch of Habsburg-Kyburg, which]continued to figure in the subsequent history of the country. They were lords of Kyburg, of Thun and Berthoud. Disputes, which were then of frequent occurrence among neighbours, brought the count of Kyburg to besiege Bern, but his attempt was vain. Rudolph himself, in 1288, threatened the city, under pretence of protecting the Jews^ whom the Bernese had driven away, but he retired without accomplishing any thing. The same year the Bernese defeated the baron of Weissenburg, lord of the lower Sim- menthof, took his castle of Wimmis, and destroyed that of Jagdberg, taking the knight of Blankenburg prisoner, who was afterwards received as a citizen of Bern. The following year Albert, son of Rudolph, known by the name of Albert of Austria *, endeavoured to take Bern by sur- prise, but being discovered, he was himself attacked by the citizens, and after a severe engagement, in which many of the burghers fell, though their banner was saved by a desperate efibrt of valour, Albert, struck with regard for the bravery of the Bernese, made peace with them on the sole condition that they should pay for a daily mass in the church of Wettingen, (a celebrated monastery near Baden in Aargau, on the Ottoki the Bamberg ...»~, . taken it iu 127G fron^pttakar, bestowed it ou his sou Albert. / 33 HISTORY OF SWITZERLAND. [period I. banks of the Limmat, which subsists to this day,) for the soul of count Louis de Homberg, who had been killed in the combat. The authorities for this part are:-I. Histoire de la Confidkratiori Helvelique, par A. L. De Watteiille, 2 vols. Bern, 1754. This is a very valuable compilation, made from a series of MSS., bei^innin^ with Jiistinger who wrote his chronicle in 1420, and includi;? Wagner, Tschachtlan, Schilling, Anshelm, and Stettler. Watteville refers to his ai|^honties at the bottom of every page. An abridgement of Stettler's Chronicle has been printed: Annales oder Grundliche Bcschreilmnn t'.. ' ''' '''''^ ^^'^'"'^ ^^ ^^^""''^ Helvetia, fol Bern,1627. XL ^gidius Tschudi of Glarus, Chronicon Hchelicum oder Grundliche Beschreibuncj der to uM in den Heiligcn mmischcn Reich als hesonders in Liner Lohlicher Eydgenoss-schaft nnd angrdnt.enden Orten vorgelofen merkiciirdigsten Begegnussen, edited by J. L. Iselin, 2 vols. fol. Basel, 1734. Tschudi wrote about the middle of the 16th century; he drew his materials from numerous MSS. documents, TddSt "ifr"*' ''''^""'" °'^"^^^"' ^^^- --^^ ^^--t the in n07 t' 1/\^. ^^^^t-T^ and whose chronicle was printed at Basle in 1507. Tschudi has also taken from the MS. chronicle of Schodeler who wrote in the 15th century. JH. John ^luller, Geschichte der Schueuenschen Lidgenossenschaft, 5 vols. IVIiiller's work is well known as the best history of Switzerland. He has carefully ex- amined all the old chroniclers, documents, and traditions, and he frequently refers to his authorities in the course of his work. A new and spirited French translation of Muller is now in the course of pub- lication ://.,/o.r. ./. la Confideration Suisse, par Jean de uhler IttTL ""''"^^^^^^^^^^ ^ '- '' ^^^^^•"^-'- '-^--^^ ^^^' /'^/w: "; conUnuee jj^sc^^c^a nos jours, par Charles Monnard et Loins Vulliemin Pans and Geneva, 1837-8. Three or four volumes have as yet aimeared and the notes by the editors are copious and very valuable ^^ ' SECOND PERIOD. FOURTEENTH CENTURY. FROM THE FIRST ALLIANCE OF THE THREE FOREST-CANTONS, TO THE TERMINATION OF THE WAR OF SW^ISS INDErENUENCE, AND THE ESTA- BLISHMENT OF THE CONFEDERATION OF THE EIGHT OLD CANTONS. Behind the great central lakes* of Helvetia, on the other side of the Finsterwald, or gloomy forest, and at the foot of the highest ridges of the Alps, among marshes, and rocks, and glaciers, tribes of scattered shepherds had, from the early times of the Roman conquest, found a land of refuge from the successive invaders of the rest of Helvetia. According to tradition these people were the last remnant of the Cimbri, who escaped the terrible defeat of their nation by the Romans. The Cimbri, it is known, were joined by some of the Helvetian tribes on their march to the south. In our own days philologists have traced in many words of the rude German dialects, spoken in the central cantons of Switzerland, a Swedish or Danish etymology ; the appearance also of the race which inhabits some of these mountain districts is pecu- liar, and differs from that of the people of the other valleys around them. However this may be, the inhabitants of that secluded region, whether of original Helvetian, or of Scandinavian descent, remained unknown to the world for ages after the fall of the Roman power. No Alemanni, Burgundians, or Franks went to settle in that labyrinth of Alps, among wilds almost inaccessible, where no castle or steeple was to be seen on the hills nor town in the valleys. The cattle of the shepherds roamed in safety over the innumerable recesses of the Alpine chain, concealed from the eyes of the straggling bands of barbarians who might venture into these solitudes, and who, concluding that the country was uninhabited and unproductive, soon left it again for lands of better promise. The zeal of hermits and monks, however, proved more persevering than that of conquerors ; the pious Meinrad, the cenobite of Einsiedlen, and several of his brethren, converted the rude shepherds to Christianity. For a long time after this the inhabitants of the three districts or cantons called Schwytz, Uri, and Unterwaldcn, formed but one society, having only one common church in the valley of Muotta, which belonged to the people of Schwytz, and choosing their magistrates from among their elders. As the popu- lation increased, everv canton would have its own church, its own landamman or chief magistrate, and its council and tribunal. Thus * The lake of the Waldsfdtten, also called Lake of the Four Cantons, as^ it washes the shores of Schwytz, Uri, Unterwaldeu, and Luzeru, I 40 HISTORY OF SWITZEKLAND. [period ii. Schwytz, Un, and Unterwaklen became three distinct communities. yet remmni,.- m close alliance as men of the same stock, and havin? the same interests. The form of their government was that of v.ure and sim,>le democracy, suited to the habits of a pastoral race ; all the native mliabitants who had reached the age of manhood assembled once a >ear m tlie church or in a field, to discuss and settle among themselves the lew dcbutcable questions that miglit arise in so primitive a common- wealm, and to elect their magistrates. It is not clearly known at what period they began to acknowledge the supremacy of the emperors of uermany, by whose subjects and vassals they were surrounded, and whose name and sanction they probably considered as a security against the annoyances and pretensions of their neighbours. There were in these mountainous regions, many vast tracts of desert land, many a vale unexplored and uninhabited. The emperors had given some of the<^e tmappropriated grounds to nobles or to convents. The free peasants who came to cultivate these lands paid a quit rent to the proprietors, inc counts of Lenzburg and those of Rappersehwvl, and the abbeys of ^unch, Beromunster, and Engelberg held several of these loulships. W the most wealthy and powerful monastery in the country was that of Emsiedlen, m the canton of Schwytz. The abbot claimed the right of m /""l' f "'''"" ^"™""'«"S mountains, in consequence Of an old grant n.ade by an emperor to the monasterv of all the unculti- v,ed lands ni the country. The emperor did not know at the time vv hat he was g.vmg away. The shepherds of Schwytz, strangers to all the afluns of the polu.cal worll, ignorant of the nature' of grant^ and feudal graze on their own meadows, which had belonged to their families for several generations. They disputed the abbot's claim, which was referred to the emperor Henry V., who decided in favour of the abbot The shepherds of Schwytz felt indignant at this ; they concluded that the rr^ .f •'"'''"■°' "■''' °^"° "^^ *° 'h^""' ''"d t'^'t thev mi.ht as w do without It. Being joined by their brethren of Uri ami Unter w iden, they drove away the monks and their cattle from their meadow The emperor put them to the ban of the empire, and they were To Jxl communicated by the bishop of Constance, who interdicted 1 ries^ from administering the sacrament, and forbade the ringing, of the chTrc the people of Schwytz were not so easily intimidated, they insisted on their priests performing the church service as before and drov awai ply notwithstanding the interdict, the grass grew on their fields as uxuriantly as before, and the shepherds sent !as usual the produce o heir dames to the markets of Luzern and Zurich. Thus things wen on for years, during which the emperor had probably for Jten tT. people of Schwytz and their quarrel with the 'abbot. 'BSeVree PERIOD II.] HISTORY OF SWITZERLAND. ^1 cantons, foreseeing that troubled times might come again upon them, entered into a solemn alliance with each other, and they afterwards re- newed it from time to time. y^he three Waldstdlten^ or forest-cantons, as they were designated, from the numerous and thick woods which covered great part of the country, had not acknowledged the delegated authority of any of the imperial governors in Helvetia until 1209, when Otho IV., on his way to Italy, induced them to accept the count of Hahsburg for their landvogt or bailiff, the latter swearing at the same time to maintain their privileges and franchises. But the count having probably disregarded his oath, the people of the forest-cantons appealed to Henry VII., king of the Romans and son of Frederic II., to be freed from their governor, and that prince acquiesced in their demand, and confirmed their liberties, as did also Frederic II. bv a written charter, in return for the services of a gallant band of their youths wlio had accompanied that emperor in his foreign wars. The expressions of the diploma are remarkably explicit ; the people of Schwytz, Uri, and Unterwalden are acknowledged as/re^- vicn " who owe no allegiance but to the emperor, by whom they are re- ceived with open arms, having submitted of their own free will to the em- pire, fromwliich tliey shall not at any future time be detached or alienated*." During the turbulent period of the interregnum which followed the extinction of the imperial line of the Hohenstaufcns, the forest-cantons thought proper to place themselves under the powerful ])rotection of Rudolph of Hahsburg, acknowledging him as their Icuidvogt. Rudolpli was faithful to liis engagements, and when elected emperor he confirmed the perpetual right of the Waldstatten to hold solely and directly of the empire. But Rudolph had sons w^hom he wished to leave independent and powerful ; one of them he had made duke of Suabia, for another lie had in view the restoration of the kingdom of Burgundy, and a third, Albert, who was already duke of Austria, was importunate in urging his father to extend and consolidate his hereditary dominions in Helvetia. Albert is described by contemporary writers as a man of abilities, but rapacious, ambitious, and unprincipled, who scrupled not to usurp the castles and domains even of his relations for his own aggrandizement ; he had, moreover, by his consort, Elizabeth of Carinthia, a numerous offspring, for whom he was anxious to provide. He aimed at forming an hereditary dukedom of all Helvetia, and for this purpose he suggested to his father to purchase the domains of the abbeys, to induce the lords to sell him their fiefs, or at least to do homage to him as duke of Austria, by which means the free towns and independent commonwealths, finding themselves enclosed within his dominions, would at last be obliged to surrender also their rights. How far Rudolph entered into * Guilliman de rebus Heh'-ticis. The Waldstatten, from their very orij^in, were differeuJly situated from the other peoi)le of Helvetia ; they had never been con- quered or made subjects of. 42 HISTORY OF SWITZERLAND. [period 11. these views of his unprincipled son is not known; he, however, in 1291, purchased of the abbot of Murbach the town of Luzern, and the rights of the abbey over several villages within the country of Schwytz, givin-^ the abbot in exchange some districts in Alsace, besides two thousand marks of s.lv-er The news of this acquisition on their immediate fron- tiers alarmed the Waklstatten. In the same year, however, Rudolph died while on a journey to Spire, in the seventy-fourth vear of his age, and the nmeteenth year of his reign. The imperial crown was contested by his sons Albert and Adolphus of Nassau. The latter had the majority of votes; but Albert maintained the struggle by arms, and Helvetia, as well as Germany, was divided on the question. The Waldstatten, see- ing the storm gathering around them, renewed in 1291, their alliance, solemnly engaging themselves by oath mutually to defend each other, and their families and properties, against all aggressions from without. From this alliance they took the name of Eidgenossen, « bound by coni- jr \l,T 7ftT'\ °" "^' '''^'' '"'^^ •''« '"^hop of Constance, the abbot of St. Gall, the town of Zurich, and the count of Savoy formed a so an a hance among themselves, in order to oppose the ambitious V e vs of All^ert. The latter, in revenge, overran and ravaged the lands of the bishop. At length, in a great battle fought in 1298, Adolphus of Nassau lost h,s crown with his life, and Albert of Austria took „"! d puted possession of the imperial throne. He soon turned his whole attention to what he considered his refractory subjects of Helvetia. rnn ;""'°"'r "" g°^""">™'^ of that country consisted at that epoch of lour c asses : l.t. Towns, Lands, and Lordships belongii,. to the house of Habsburg or Austria, whose representative Albert wa " his elder brother R.ululph, duke of Suabia, having died, leavh g 1 s IT John of Habsburg, a minor under the guardianship of Albert 2nd t^iupire. ciru, j^jee Imperial Towns- 4th nnrl inef n^u #-. TniSre^ ^.I^VTI— - ^^'^ were'ltoJ^.y^I^Sri fa?:he%i;i ; ttra.: etrvrrit'^^^™^- -^t ^"^"■^•■' '^ policy of Albert'to enlarge 1"^ mire ^sT m^fal HelS'' t'l'^ patrimony or fief of Austrli H„ « . ! ""i" make all Helvetia the {he free town of Befn wWd, bo.lf Tf '"' !T' '" ''''' '">"'' once before attached ii;!, and ntl,'" r' "T""" ''''' "'^^"''y number of lords ielous of H,. expedition he was joined by a at the bold ^^\^z^'zs^r:^^''£" -1 °^-^' '• hy the militia of Freyburg, which town h d iirio,4 7"' f ° "'"'"' come under the dominion of the hou«e of Aus rfa T,' n' '"' ''""' the command of oup nf th.- i I Austria. The Bernese, under jointly witiilh^: zi^^e^tz^:;;'t "' ^:!'''' "•^"' nerbuhl was obstinate. «n,l 1.1 i I , ' ' ''''= ="'"'«" "' Don- Bernese, and tee—Vn^ " '"'' victory declared for the , tlie emperor was obliged to retire with great loss. The PERIOD II.] HISTORY OF SWITZERLAND. 43 vengeance of Bern now fell upon the vassals of Albert, whose castles almost encircled the town ; many of these were taken and razed to the ground; several of the nobles, among others the baron of Weissenburg, lord of Simmenthal, in order to save their property, acknowledged them- selves vassals of Bern, by which the territory of that republic was considerably extended, Count Otho of Strasburg soon after gave up to the Bernese the town of Laupen and its territory, which he held of the empire. Albert, foiled before Bern, turned against Zurich, and encamped with his host before the town, under the pretext that the inhabitants had insulted his subjects of Wintcrthur. He then proposed to the abbess and chapter, and to the burghers, to acknowledge his dominion. The people of Zurich having made their preparations of defence, in which even women and children vied with the men, sent him word that they were ready to acknowledge and receive him as their sovereign emperor, if he, on his side, confirmed their liberties and privileges. Albert, doubting of the success of a siege, accepted the conditions and made jieace with Zurich. The whole weight of his wrath was next to fall on the confederates of the Waldstatten. These had roused his anger by taking, during the contest for the empire, the part of Adolphus of Nassau, Albert's rival, who was lawfully elected ernperor, and who on his part had confirmed their privileges. After the death of Adolphus and Albert's final recognition trs emperor, the confederates sent a depu- tation to Strasburg to beg the confirmation of their ancient franchises, whicli his father Rudolpli, of glorious memory, had solemnly acknow- ledged. Albert gave them an evasive answer, saying he had to propose to them a change in their situation. Two years afterwards, in 1300, he sent to the AValdstiitten two of his councillors, the Baron Liechten- berg, and the Baron Ochsenstein, to represent to them that it would be for their interest to become subjects of the duke of Austria, by whose possessions they were surrounded, and that he had himself in their country sundry jurisdictions which he and his father had purchased from the clergy and lay proprietors. He promised to adopt them as faithful children of his imperial family, to give them possessions and wealth, and to create knights among them. The answer of the three cantons was brief. They stated respectfully, but firmly, that " they were satisfied with their present condition under the immediate protection of the German empire, that they flattered themselves that the emperor would acknowledge their hereditary privileges, as they on their side were ready to fulfil all engagements to which they were bound." This answer served only to increase Albert's wrath. He employed his vassals and other dependants in the neighbourhood of the AValdstatten to gain some of the higher families of those valleys, espe- cially the free nobles whose ancestors had come to reside among them, and had been among the first to clear the wilderness. This they were 44 HISTORY OF SWITZERLAND. [period II. to do by descanting on the advantages that would accrue to them and their estates if all the countries of that part of Helvetia which traded together should become united under one master. But he made no converts, and the baron of Attinghausen, landamman, or first magistrate, of Un, repaired m 1301, to the imperial court, again to solicit the con- firmafon of the privileges of the three cantons, and to demand a reichs. vogt 0, imperial governor, to be sent to them. This request was made for the purpose of preventing Albert from sending them his own Austrian ba. Ms, and from detaching the Waldstatten from the empire and making them part of the appanage of his own family. Albert's answer was, that as they had refused his advantageous offers, he should not use any greater complaisance towards them; that they had no occasion for an impend governor, and had only to address themselves either to his own baihff at Luzern, or the other at Rottenburg." The mcanin. of this answer was well understood by the AValdstatten ; he referred them to his bailiffs, that -the latter, by administering they«. gladii, or supreme justice m their country, in the name of the duke of Austria might thus acquire a prescriptive right for that house. On the subse- quent remonstrances of the Waldstatten, Albert promised at last to send them imperial bailiffs, which he did in 1304, enjoining the people to obey them and respect their orders as theyl^uld his own, under pain of being deprived of their liberties. ^ Albert appointed to this office two noblemen of a haughty, harsh and overbearing character; and he, probably, gave them inslruc io s wl" aggravated the natural bent of their dispositions. One of these wa Hermann Gessler of Brunegg, and the other Beringar of Landenber. They estabm themselves permanently in the couutrv. cont ry fo the custom of former imperial bailiffs ; the first at Altorf," he princip village Un and the latter at Sarnen, in the UnterwaWr X castles which they occupied and fortified, were garrisoned by Austri ^ troops. Albert had lately acquired another castle called RotzberJ in the country of Unterwalden; and there he sent another nUeX name of Wolfenschiessen, of the same temper as the two bl Ss T careerofinjust.ce and vexation which these worthy delegates of Alber pursued, was such, that the chroniclers of the time find foexpetion efficiently strung to cliaracterize it. Thev openlv viola . 1 H ^i u of the country; they arrested the inhabitLfs upon he J" , „ grounds, and sent them to Luzern or Zug, where Zy were t ild W 2 ministers of the duke of Austria; they increased the I po tTa„d'to! lue to the empire; they levied arbitrary fines, and exacted pyment in the most merciless manner; and they insulted on all occasions the simile slffSr f J'-' '"''•""""" "™P^'^'"" "f '"e coun ry. We™ Stauffacher of Steinen, m the canton of Schwvtz had h„lli hJu new and commodious house Gessler riding ^ '/ . '"mself a loudly. "Is it to he. >w.rnr?i. ^^^^^"' " that he might get rid of them, resorted to a most singular contrivance of despotic caprice. He caused a high pole to be raised in the market- place of Altorf, on the top of which his hat, or, what is more probable, tlie ducal cap of Austria, was perched ; issuing at the same time an order, that every passer by should uncover his liead before the hat, in token of respect for its master. Wil helm Tell , of Burglen near Altorf, son-m-law to Walter Furst, was the first who disobeyed the order He w^s immediately taken before Gessler. This was a new species of oflence, and the punishment the bailiff awarded was equally new. Tell was known to be an excellent marksman at his bow ; he had only one son, yet a boy, and Gessler sentenced the father to take his stand at a considerable distance, and shoot at an apple placed on the head of the child. Should he miss his aim, he was to sutler death. The inhuman sentence was carried into immediate execution : the bov was blindfolded and an apple tied over his head. Gessler was presen't on the occasion, le 1 took Ins bow and /«„ arrows in his quiver, and set about his fearful task. With a firm hand he let fly the arrow, and hit-not the boy's head, as the tyrant expected, but the apple. The spectators shouted applause. Tell was overcome by his feelings; and, in his jov at his boy s escape, he unguardedly answered the questions of the tyrant, who asked him for what purpose he had taken a second arrow in his quiver as he could shoot but once? " That was reserved for thee, had the first hit my son." This rash but irresistible burst of feelin. nearlv proved fata to Tell. Gessler, rendered doubly suspicious of this maii'I courage and skill, was determined not to leave him at large: and he eagerly caught at the threat thus imprudently expressed. Tell was pinioned, and thrown into Gessler's boat, which was ready to carry him to the castle of Kussnacht, at the other extremity of tife lake. The wind was contrary, but Gessler, impatient to carry off his prisoner, and fearing an outbreak of the indignant people, gave the signal fbr depa tu« The southernmost branch of the lake of the Waldstiitten, which ex- tends into the canton of Uri, consists of a long and narrow piece of water of very great depth stretching from north to south, between two rige s S' • r ";; ''"''' P-P-'dicuIar rocks. The wind when pi ngi'" suddenly from the mountains above, causes a dangerous surge There hard y a landing place along either coast, and the boat wlfch should attempt m a storm to near the shore, would be dn,l,.-l f .he cliffs. Gessler's boat had not '^^^^ ^^::j::Z^'Z strenuous exertions of his rowers, before it became nnmanageaWeVhe let them unfetter Tell, who was lying at the bottom of the boat and was known as an experienced boatman, and one well acoinint.! ' ! every nook of the shore, they might vet be saved Thl ""''"'""*«' 7"'' -sent. Tell, taking the rudder^ land Z d IuCr'"""'V abr^pt sides Of the Axenberg, where a n^t flat ilf'^Sl ^^ into the water. As the boats neared it, Tell, seizing his bow, sprang on the narrow ledge, pushing at the same time the boat with his foot back into the roaring waters. In the confusion, Gessler's boatmen missed the landing place, and were obliged to beat out against the waves. The storm, however, abated its fury, and Gessler was safely landed on the coast, from whence he took a path across the country to reach his castle of Kussnacht. Tell, who foresaw where he would land, if land he did, and the direction he must follow, was waiting in ambush for him in a cave ; and as Gessler passed, Tell shot him through the heart*. This happened towards the end of 1307. Tell was driven to this last extremity by the absolute necessity of de- stroying his implacable enemy, or being himself destroyed and his family ruined. As soon as the deed was done, he went to Steinen, and told Werner Stauffacher, whose sentiments he was acquainted with, what had happened. Stauffacher communicated it directly to his two friends, Furst and Melchthal. They all felt enjoyment of their ancient institutions. Henry of Luxembourg having been proclaimed emperor, crossed Helvetia on his way to Italy, and he appointed Rudolph of Habsburg, count of Lauffenburg, to be governor of Zurich, Aargau, Thurgau, and the WaldstUtten ; the latter district gave the emperor an escort of 300 men. In 1313, Henry perished by poison in Italy ; and the electors were divided, on the appoint- ment of his successor, between Louis of Bavaria and Frederic of Austria, son of Albert. Helvetia was likewise divided between the rival candi- dates. Bern, Soleure, and the Waldstatten, took the part of Louis, whibt the rest sided with Frederic. The former, however, prevailed^ and was finally acknowledged emperor. Frederic and his brother Leopold had not forgotten the insurrection of the Waldstatten against their father ; and now the partiality shown for Louis of Bavaria added fuel to their resentment. In consequence of some fresh disputes be- tween them and the monks of Einsiedlen, the Waldstatten were excom- municated by the bishop of Constance, and the imperial chamber put them to the ban of the empire as rebels to the emperor. But the Wald- statten were relieved from the spiritual interdict by the archbishop of Mayence, and from the ban by the emperor Louis. Frederic, however 111 his quality of protector of the convent of Einsiedlen, thought he had J plausible opportunity of chastising the stubborn mountaineers, and he committed to his brother Leopold the care of the expedition. Leopold assembled, m the autumn of 1315, a body of 20,000 men at Baden, on the Limmat. There he arranged his plan of campaign. His principal attack was to be directed against the canton of Schwytz, the most im- portant, as being the most fertile and populous of the three Wald- stattens. The canton is not so mountainous and ruirged as those of Uri and Unterwalden ; it consists of fine valleys and pasture lands on the slopes of the lesser Alps. Leopold^s cavalry could, therefore, act better there than in the deeper alpine recesses ; and it was also the most accessible by an army coming from Baden and Zurich. About the middle of November he advanced, at the head of the «iain body of his troops, with a numerous cavalry, through the country of Zug in- tending to penetrate into Schwytz by the defile of Morgarten. This pass is situated between the eastern bank of the little lake E-eri and the mountain called Sattel, which extends from the frontiers'^of Zu- into the country of Schwytz ; it is one of the principal passes lead^- ing into the latter. At the same time, Leopold had directed two other attacks against Unterwalden, one from the side of Luzern, and another from the Hash over Mount Brunig. The plan was well combined and faithfully executed. Leopold also directed a false attack to be made on the side of Art, along the coast of the lake of Zuff, whence there is another road leading into Schwytz. The feint would have succeeded, for the Waldstatten were hurrying to the latter spot, had it not been for a knight of the house of Hunenberg, who was PERIOD II.] HISTORY OF SWITZERLAND. 51 in Leopold's camp, and found means to warn them to *' beware of Morgarten" Accordingly, 700 men from Schwytz, and 700 men from Uri and Unterwalden were posted on the Sattel mountain. On the morning of the 1 5th November, Leopold of Austria, at the head of his cavalry, advanced to Morgarten; his troops marched on with the greatest confidence, making sure of victory over a band of peasants ill armed and undisciplined, and they only thought of the best means of securing the booty they expected to collect. For this purpose they had provided a large quantity of ropes to fasten round the heads of the fat beeves of the Waldstatten. As Leopold's cavalry proudly advanced through Morgarten, followed by the infantry, fifty men of Schwytz, who, having been banished the canton for various offences, had, in the hour of danger, begged of their countrymen to allow them to take part in the defeilce of their common land, and who had posted themselves on the rocks which overhang the defile, as soon as they saw the line of cavalry far advanced into a narrow path, where they could only move on in single file, began to roll down a quantity of large stones and trunks of trees, which did much havoc among the horsemen, and threw the whole body into confusion. The men of the three cantons, or Swiss,* as we shall call them in future, who had taken position on the mountain, perceiving this, rushed down in a body upon the enemy, and engaged them with so much fury, that Leopold ordered a retreat upon the open country, where his cavalry might act. The infantry, which followed, was thrown into disorder by this manoeuvre ; the rugged nature of the frozen and slippery ground was unfavourable to the movements of the soldiers, whilst the Swiss, used to the country, and having their moun- tain shoes studded with rough nails, came down with impetuosity upon them, and put them completely to rout, before they could rally in the plain. The Swiss halberds, a destructive weapon, shaped like an hatchet on one side, and terminating in a spear, and their morgensteriien or clubs, studded with iron points, wielded by strong, sinewy arms, made dreadful execution among the troops of the duke. Between 1000 and 1500 of the cavalry were killed, and among them the flower of the nobility. t The loss of the infantry is not known ; fifty men of Zurich and another party from Zug, who had accompanied Leopold as the contingent of those towns, were all found among the dead. Leopold fled to Winterthur, where he arrived with few follow^ers, * The people of the Waldstiitten were known from that time by the name of Schwytzers, in high German, Schweitzers ; from the canton of Schwytz, the most important of the three, and the foremost in the war of independence. As other cantons became incorporated, the name of Swiss or Switzers became general to the whole confederation. t Among others, Rudolph, count of Lauffeuberg, of a lateral branch of the hotise of Habsburg, Baron Ruesseck, Baron Baldeck, three Barons Bonstetten, two Barons Halwyl, Beringer of Landenberg, the bailiff of Unterwalden, and two of the family of Gessler,~chieBy Helvetian nobility, vassals of the duke of Austria. £2 52 HISTORY OF SWITZERLAND. [period II. 'ij M.^' in the greatest dismay. The loss of the Swiss was trifling, some say only fourteen men. Meanwhile, the count of Strassberg, on his side, with 4000 men, had entered the country of Unterwalden. His troops plundered Sarnen and other villages. The people were unprepared for this attack, and they sent a messenger to their countrymen at Morgarten, who arrived just after the victory. The 300 men of Unterwalden, joined by some of Schwytz, returned immediately, crossed the lake, overthrew the advanced guard of the enemy, and met the main body at Alpnach, under Strassberg. But the count perceiving the two banners of Unterwalden, which he knew to have been at Morgarten, concluded that the Swiss must have repelled Leopold's attack, and thought it therefore prudent to retire, which he did with the loss of several hundred of his men. Thus was this great victory complete, and the Waldstatten were freed, by their bravery and virtue, from the presence of the enemy. On the 8th of December, of the same year, the three cantons entered into a solemn compact of the following tenor : They engaged to defend one another, each state at its own expense, against all enemies. No one of the cantons could apply for foreign assistance, or form alliances, or place itself under a foreign power, without the consent of the others. Those individual inhabitants who were under the jurisdiction of a lord or prince, should punctually fulfil their engagements, and pav their dues, as long as he remained at peace with the cantons. They were to receive no bailiffs or judges but such as were inhabitants of one of the cantons. Every inhabitant was to appear whenever re- quired before the judge or magistrate, and to obey the laws. He who should slay a man was to be punished with death, unless he could prove that he had acted in self-defence. An incendiary was to be banished for ever. Whoever concealed an assassin was also to be banished for ever. These stipulations, which were afterwards adopted by the other can- tons who joined the confederacy, were promulgated at Brunnen, and sealed with the seal of the three cantons of Uri, Schwytz, and Unterwalden. The emperor Louis of Bavaria was pleased at this defeat of his Austrian rival, Frederic, who still kept up the contest for the imperial crown. He congratulated the cantons upon their success, and promised them his assistance. Frederic himself was too much engaged in Ger- many to think of pursuing the war against the Swiss, and he at last concluded a truce with them in July, 1318, which was renewed till August, 1323. But the war which was still carried on between Frederic and the emperor Louis, could not fail to extend to Helvetia. The dukes of Austria were in possession of a great part of that country, and PERIOD IlJ HISTORY OF SWITZERLAND. 53 allied to the chief nobles. Bern and the people of Glaris as well as the Waldstatten, took the part of the emperor Louis. The country of Glaris belonged to the abbey of Seckingen, but the dukes of Austria, who had the right of appointing the kastvogt, or warden of the abbey, conferred this office on strangers, by which they violated the ancient customs and privileges of the people. This treatment exasperated the inhabitants of Glaris against Austria, and led at last to the complete emancipation of that canton. In 1318, Leopold laid siege to Soleure, a free imperial town, but after ten weeks, he was obliged to retire, in consequence of the overflowing of the river Aar, which carried away the bridge he had thrown across the stream just above the town. By this accident a number of the duke's men were cast into the foaming waters, and they would all have perished in the current by which they were carried along, had not the citizens of Soleure, at the peril of their own lives, rescued many of them, whom they sent back to Leopold's camp without ransom. Leopold, overcome by this act of magnanimity, made peace with Soleure. In all these early wars of the Swiss against the dukes of Austria, nothing is more aff'ecting than the singleheartedness and purity of those old re- publicans, who never injured even their enemies excepting for the sake of absolute self-defence ; and who as soon as the aggressors were re- pulsed, spared both the lives and the property of those who had sought their destruction. Untutored as they were, their conscience told them that people who struggle for their rights, ought scrupulously to respect those of others. The city of Luzern, which since 1291, had become subject to the dukes of Austria, felt all the inconvenience at being in a state of war with its immediate neighbours of the Waldstatten. The great thorough- fare to Italy through the St. Gothard was now stopped, and the trade of Luzern suffered materially from the obstruction; its fiiirs were deserted, its lands exposed to the incursions of the Swiss and Bernese, and its burghers obliged to be under arms night and day for the defence of their walls. Yet the duke of Austria, instead of endeavouring to make some compensation to the people for these hardships, aggravated their distress by imposing fresh duties on them to carry on the war. At last the burghers of Luzern, weary of these undeserved calamities, made a truce with their Swiss neighbours without consulting the duke. Al- though the noblemen in the town and neighbourhood were still in their hearts attached to the Austrian power, the citizens for their own safety concluded, in 1332, a perpetual alliance with the Waldstatten, and were admitted as o. fourth canton into their confederation, on the same terms as the others. It was stipulated that in case any difterence should arise between the three first cantons, Luzern should side with the majority. Frederic of Austria had died in 1330, and by his death peace was restored to the empire. But his succeessor, the duke Albert II., was not 54 IIISTORT OF SWITZERLAND. 'iH [period II. of a temper to give up tamely the possessions of his house in Helvetia. The nobles of Aargau armed in his name against Luzern, and surrounded the town; but the citizens, reinforced by their new allies of Schwytz, defeated them at Buchenas and Ramschwag. The Austrian party at- tempted next to gain possession of the town by a conspiracy. The nobles who were in Luzern agreed to sally out in the night, and, after surprising the leaders of the popular party in their beds, to open the gates to the baron of Rothenburg. The conspirators assembled in arms on the borders of the lake, in a subterraneous vault under the hall of the corporation of tailors. A boy accidentally overheard their conversation, but he was perceived, seized, and would have been put to death, but for the inter- ierence of some more humane than the rest, who made him swear solemnly not to reveal to any living person what he had heard. The youth was then released, and he went to the butchers' hall where some men were still loitering, drinking, and playing; he placed himself facing the stove, with his back to the company, and there told in a loud soliloquy all he had heard and seen, and tlie oath he had been obliged to take. The others listened attentively, then rushed out and awoke their townsmen. They seized the conspirators, sent to Unterwalden for assistance, exiled the nobles who were still in the magistracy, and formed a Council of 300 citizens to administer the affairs of the canton. The duke of Austria, weary of these vain attempts, referred the affair of Luzern to the arbitration of Bern, Zurich, and Basle. It was agreed, in 1334, that the alliance of Luzern with the Waldstiitten should remain in force, and a truce was concluded between the town and the duke which truce was afterwards renewed from time to time. Bern had remained faithfully attached to the emperor Louis, in the midst of all the troubles of the contested election. Louis, however, being at variance with the pope, was excommunicated in his turn, and it was on this occasion that the electors of the German empire, assembled in 1338, passed a memorable resolution, importing " that an emperor and king of the Romans Ijeing once elected by the majority of suffrages, had no need of the sanction of the papal court in order to exercise the im- perial rights." Thenceforth the emperor elect assumed the title of king of the Romans, without being crowned by the Pope. Such was the final result of the exorbitant pretensions of the Roman see. But the Bernese were as yet too much under the influence of the Pope to slight the thunders of the Vatican, and they forsook Louis, who, highly incensed at this, joined the league of the nobles, ever jealous of Bern's pros- perity and independence. The league was formidable, it consisted of the counts of Gruyere, Kyburg, Nidau, Aarberg, and of Neuchatel, and the town of Friburg. A great council was held at Nidau, at which the emperor's messengers were present, and nothing less than the total de- struction of Bern was determined upon. The republic, however, was not disheartened. After several fruitless negotiations, the Bernese took rERIOD II.] HISTORY OF SWITZERLAND. 55 the field in good earnest. They threw a garrison into the town of Laupen, a sort of advanced post of Bern on the road to Friburg, having chosen for this service one individual out of each family of Bern, that every one should feel interested in the preservation of that important place. The old avoyer, John of Bubenberg, took the command of the garrison, and swore to sacrifice his life, and all that he possessed, for its defence. The army of the nobles before Laupen consisted of 15,000 foot and 3000 horse, commanded by the count of Nidau. They reckoned in their ranks 700 knights with coronetted helmets, and 1200 cuirassiers. While the Bernese council, assembled at the town hall, w^ere debating about the choice of a general to lead their forces into the field, Rudolph of Erlach,son of Ulrich, who had commanded his countrymen in 1298, at Donnerbuhl, was seen entering the town on horseback. He was appointed general by acclamation. Soleure, ever faithful to Bern, sent its contingent of 80 knights ; the three Waldstatten sent 900 of their hardy country- men ; the baron of Weissenburg, who from an enemy had become an ally and a vassal of Bern, arrived with 600 men from Hasli and Sim- menthal. These forces, joined to the Bernese, formed a body of 5000 men. On the 21st June, 1339, this little army arrived on the heights near Laupen in sight of the enemy's forces. The nobles did not expect that the Bernese could collect even this number of men, and Mayenberg the avoyer of Friburg advanced between the two armies, taunting them with having women in disguise among them, to swell their ranks. Cuno of Ringenberg, a Bernese knight, together with a warrior of Schwytz, indignantly denied the charge, and offered the avoyer to prove the trial by single combat. Mayenberg having returned to the camp of the princes, proposed negotiations, but the majority rejected the proposal with scorn. An attack on the Bernese position was decided upon. In the Bernese camp the honour of being the first to encounter the cavalry was o-ranted to the'men of the Waldstatten. These rolled down before them a line of cars armed with scythes, so constructed that they could not be wheeled backwards ; and when they came within reach of the enemy's line, they threw from their slings, in the use of which they were very expert, a shower of stones, which created confusion among the horses. The Swiss then feigned to retire towards the hill in their rear, and the princes pushed forward their cavalry ; but the cars opposing their passage broke their ranks, and the Swiss rushing forward fought man to man against them. Meantime D'Erlach, with the main body of his troops, charged the Austrian infantry, which, unable to withstand the shock, fell back in disorder, leaving the Bernese free to turn to the assistance of their Swiss allies, who were hard pressed by the enemy's cavalry. The latter, however, perceiving the retreat of their infantry, wheeled round, without waiting for a fresh encounter ; for the slaughter among them had been already very great. The combat lasted only an hour and a half, Among the dead were found the count of Nidau, the 56 HISTORY OF SWITZERLAND. [period II, PERIOD II.] HISTORY OF SWITZERLAND, 51 first promoter of the war, count John of Savoy, the count of Valengin, and a number of knights. Bircken, an Austrian writer, says that 14 counts and 80 knights perished. John of Winterthur, a contemporary historian, states the whole loss of the princes at 1000 men, but this cal- culation appears too low, from the number of leaders who were killed. This victory, in every way glorious, whether we consider the motives' which led to the war, or we compare the means which either i)arty had at command, is stated to have cost the Swiss confederates only 122 men.* The count of Kyburg arrived the morning after at Aarberg, with a re- inforcement of four thousand men for the army of the princes, but his troops, hearing of the defeat of Laupen, disbanded and went to their homes. A desultory warfare, in which the Bernese had the advantage, continued for some time, and inflicted great evils upon the country.' Queen Agnes of Hungary, from her convent of Kunigsfelden, succeeded m 1343, in establishing a truce, and afterwards strove to mediate a peace between the parties. At length the nobles, wearied out, made most of them their separate peace with Bern, and the town of Fribur- not only followed their example, but some years afterwards entered, fo'i- the first time, into an alliance with the Bernese. The city of Zurich began about this time to be distracted by internal dissensions, which continued for years, and brought that republic to the verge of ruin. The council was composed of four nobles and eight of the most influential burghers, who at the expiration of four months chose their own successors. Power and office were, therefore, in the hands of a few families, who were not responsible to their fellow-citizens for their public conduct, or for their employment of the public moneys The citizens murmured but submitted, until at last one of the members of the council itself took their part and became their leader. Rudolph Braun was a man of great talents, but ambitious. He won to his side some of the other members, who supported the demand of the citizens that the council should produce the accounts of the public expenditure But the majority of the members endeavoured by procrastination to avoid complying with this claim. At last the people, under Braun's directions assembled m crowds round the town-house, and the obnoxious council- lors left the hall, and afterwards the town, in alarm. Braun, supported by his friends, and invested with discretionary powers, formed a new government ; he divided the traders and artisans into tribes or guilds and separated them from the gentry and nobles, who together formed one class. One half of the council consisted of the heads of the guilds, there he hved to a peaceful old aee. One dav his Jnin\ ^\'^;\^0"°*ry, and and the other of members of the nobility, and each was to be renewed every six months. Braun was named burgomaster for life, with exten- sive powers. No alteration was made, however, in the relations of the town with the empire, to which it continued to own allegiance. The people sanctioned this new constitution in 1336. The heads of the trades, having seats in the council, used their newly acquired power each for the interest of his respective craft*, by excluding all foreign compe- tition, and preventing the country people from manufacturing goods. Another great object which they had in view, was to secure for the town the monopoly of the transit trade between Italy and Germany. The run-away councillors were banished for ever, with their adherents, and fines v/ere levied on their property. But the exiles found refuge in the castles of the neighbouring nobility, and were especially supported by tlie count of Rapperschwyl, who was possessed of the Marches, the Giister, and of several other districts. From his castle the discontented emigrants made frequent incursions into the lands of their countrymen. The people of Zurich, on their side, allied themselves with the count of Toggenburg, who was in continual war with the lord of Rapperschwyl concerning a disputed inheritance, when, after several engagements, the latter was killed, with many of his men, near Grynau. Years passed, during which time, former feuds being partly forgotten, several of the exiles obtained leave to return to Zurich. These, in concert with the rest of the emigrants, as well as with the neighbouring nobles, formed a conspiracy to get rid of Braun and his friends. Many of the conspirators came into the town under various pretexts, others were waiting outside for their friends to open the gates for them. A baker's boy overheard part of the plot in a house where the conspirators assem- bled. Braun was informed of it in the night, he put on his armour in haste, and ran to the town house, calling the citizens to arms. The conspirators, in a body, endeavoured to effect a retreat out of the town, but Braun, at the head of the citizens, met them in the market-place, and an obstinate engagement ensued, in which most of the conspirators were either killed or taken prisoners. The captives were beheaded or broken on the wheel, together with several citizens of their party. Braun then marched against Rapperschwyl, took the castle by stonn, drove all the inhabitants out of the town, and then burnt it and razed it to the ground. The counts John of Habsburg and Ulrich of Bonstetten being taken prisoners, were kept as hostages. These events occurred in 1350. The duke of Austria strongly resented the conduct of the Zurichers towards Rapperschwyl, the lord of which town was his relative, and he threatened the citizens with his vengeance. The nobility around rose * The chief manufactures of Zurich consisted then of silks, Hnen, and leather; the former article still continues to form in our days an important branch of its in- dustry, together with cottons and muslins, of which latttr Zurich produces the best in Switzerland. 58 HISTORY OF SWITZERLAND. [period II. PERIOD II.] HISTORY OP SWITZERLAND. 59 jJ^nK also to avenge the humiliation inflicted on their own body. The people of Zurich, seeing the storm gathering, apphed to the Swiss, and Zurich was received into their confederation as a fifth canton in 1351. But in consideration of the wealth and importance of the city of Zurich, the others yielded to it the first place in order of rank, and it has ever since been styled the first canton of the Helvetic body. This prerogative, however, gave Zurich no superiority over the rest, but merely consti- tuted it as a central point where all the afiUirs which concerned the whole confederation were transacted ; its deputies had also for a time the precedency in the general diets. Albert, duke of Austria, repaired to Brougg in Aargau in the month of August, 1351, and there he assembled his forces. The city of Zurich sent a deputation to compliment him, and offer him presents. He received the deputies with apparent friendship, not manifesting his intention to them, except in as far as demanding the release of his rela- tive, count John of Habsburg, who was kept prisoner in their town. But as soon as the deputies had left him, he assembled his bailiffs and vassals, and imparted to them his intention of taking a signal vengeance on the people of Zurich. He then formally demanded of the Zurichers that they should rebuild the town and castle of Rapperschwyl at their own expense, and restore the Marches, of which they had taken posses- sion. Upon their refusal to comply with these conditions, he laid siege to Zurich with a considerable force. The Waldstatten ran to arms for the assistance of their new confederate. The duke of Austria, on his side, summoned the people of Claris for their contingent. The latter refused, saying that " they were under the protection of the empire, and subject to the abbey of Scckingen, and bound to take up arms for the defence of these, but not for the private wars of the dukes of Austria." The duke, however, in his quality of vogt or warden of the abbey, under- stood the matter otherwise. Besides, he wislied to occupy the country of Claris, in order to check the people of Schwytz on that side, and }n-event them from sending succour to Zurich. But the Schwytzers, anxious to secure their own frontiers, were beforehand with him ; they occupied the country of Claris' in November of the same year, 'l 351 without striking a blow, and Claris was received into the Swiss con- federation, of which it formed the sixth canton. The people continued however, with the religious honesty of the old Swiss, to pay their dues to the monastery of Seckingen until 1395, when the abbess allowed them to redeem themselves. The cavalry of duke Albert was stationed in the country of Baden whence it made incursions into the lands of Zurich. The citizens having resolved to attack the enemy, advanced on Christmas-day, to the number of 1300 men, towards Baden, whose suburbs they destroyed together with the baths, the Austrians having retired into the town.' But the Zurichers were intercepted in their retreat near Mellingen by 4,000 of the enemy, whom they bravely attacked; and, being joined by the contingents from the banks of the lake, they obliged the Austrians to retire, after the loss of 60O or 700 men. The Zurichers had captured at Baden a number of mares, which they drove towards the enemy's horses, and thus threw them into disorder — a stratagem which mainly contributed to the defeat of the Austrians. Next year Walter de Stadion made an incursion into the territory of Claris, but was defeated and killed near Nafels. The people of Claris pursued their advantages, and laid seige to the town of Zug, an hereditary possession of the duke of Austria. Deputies from Zug repaired to KOnigsfelden, where duke Albert was quietly enjoying the sports of the chase, whilst a war, in which he had wantonly engaged, was desolating the territories of his own subjects. The deputies, who came to implore his assistance, found him engaged with his falconer : he would hardly listen to their urgent requests for assistance, and told them peevishly, that they might, if they chose, give themselves up to the Swiss. When this answer was reported to the people of Zug, they immediately fol- lowed the duke's advice, and were readily received, in 1352, into the Swiss confederacy, of which they formed the seventh canton. The duke of Austria arose at last from his apathy, and a second time laid siege to Zurich, in the month of July ; but seeing no better chance of success than before, he listened to the proposals of the margrave of Brandenburg, who negotiated peace, or rather a truce, on condition that the duke should acknow ledge the alliance of Claris and Zug with the Swiss, w ith the understanding that the taxes and fees due to him in those countries* should continue to be paid, and lastly that the Zurichers should restore the count of Habsburg to liberty. The republic of Bern, which had of late greatly extended its domi- nions both by arms and by purchases, having some diflferences with its subjects of the Oberhasli, the cantons offered their mediation, and in 1352, a diet was held at Luzern for that purpose. On this occasion the three first cantons proposed that Bern should enter into the Swiss alliance. The Bernese, grateful for the assistance the Swiss had afforded them at the battle of Laupen, readily accepted the offer. Bern was thus received into the confederation, of which it formed the eighth canton. This important accession imparted to the Swiss confederacy a reputation for power and stability which it had not till then enjoyed. It also led to the settlement of a general system of polity among the Swiss, which, while keeping inviolate the independent sovereignty of each canton, provided for cases where a diversity of interests might lead to a rupture. This last and most difficult object was obtained by * Albert I. of Austria had purchased, in 1308, the mayorship of Windeck; he was already in possession of the avouerie of Glaris, and he held the county of Zug as an hereditary possession of the house of Habsburg. Thus the house of Austria had the higher jurisdiction in these countries, modified by the privileges and franchises of the inhabitants. 60 HISTORY OP SWITZERLAND. [period II. H PERIOD II.] HISTORY OF SWITZERLAND. 61 !!s. At last duke Albert fell ill at Vienna, and Rudolph, his son a prince of a mild and upright character, promised to arrange matters satisfactorily, which, however, he was unable to do until after his father s death in July, 1358*. It was then stipulated that Glaris and Zug should remain in the confederation, and that the house of Austria should preserve its rights and dues in those countries ; but in order to prevent its officers from encroaching on the liberties of the and Lupoid, the last „f thorn [h^rt- "f-'"^" '^'"^ '""'' K""^"'!'''' Albert, S^pach^ Leopol, I who rr^ht »*«'■'• "'. '»'' "»T' "-"^ "fterward/kilied at brother of duk^^l^Sert, died Sf326 ^^'"Sarten, .on of the emperor Albeit, and people, tlie landamman of Zug was to be chosen from among the peoi)ie of Schwytz, and the avoyer, or bailiff, of Glaris from those of Zurich. Thus peace was at last re-established in Switzerland. Disturbances arose in the western districts, between the bishop of Basle and the Bernese, on the subject of the town of Bienne. Bienne was an imperial town, but the counts of Neuchatel had the wardenship of it, an office which, like all the other dignities of the empire, had become hereditary in their family. In the feuds between the bishop of Basle and the counts of Neuchatel, the former obtained possession of the avouerie of the town of Bienne, which the emperor Rudolph of Habs- burg confirmed to them. Bat the burghers had formed alliance with the towns of Friburg, Soleure and Bern*, without any opposition on the part of the bishop. In 1352, however, the burghers rendered their alliance with Bern perpetual, and thus gave offence to the bishop, who arrested several of the leading men of Bienne to force them to break the alliance. The Bernese marched, in 1367, to the assistance of their neighbours ; but arrived too late. The count of Nidau, an old enemy of Bern, had plundered Bienne and set it on fire. The war continued next year, between Bern and Soleure on one side, and the bishop's troops on the other. The latter were defeated at the narrow pass of Pierre Pertuis. Peace, however, was made between the parties, the Bernese paying three thousand guilders to the bishop. The whole of Switzerland now enjoyed tranquillity, until in 1315, an army of strangers, French and Englishmen, after ravaging Alsace and the iaorders of the Rhine, invaded the country on the banks of the Aar, and, carrying fire and sword, advanced along the Limmat as far as Wettino-en. This unexpected irruption, which recalled to mind the former incursions of the northern tribes, was led by Enguerrand de Coucy, a French nobleman, who had inherited, through his mother, a grand-daughter of the emperor Albert, several towns and castles in Alsace and Aargau, of which, however, he had never obtained posses- sion. Leopold of Austria, Enguerrand's cousin, refused to deliver up to him his mother's portion, and Enguerrand, who had married Isabella, princess of England, availing himself of the peace between that country and France, came with a large army of adventurers, chiefly English, to regain his inheritance by force of arms. The count of Nidau, who was the first attacked, offered little resistance ; his jealousy of the Bernese made him perhaps see with little regret the storm approaching their territory. He was, however, himself killed by the English in his town * These alliances, or coburgheisliips, were very common in Helvetia under the empire. The emperors had the nominal authority over the whole country, but being unable to protect the rights of particular communities, not only the towns among themselves, but even the great lords and their vassals, contracted alliances with the latter, who having the right of banner granted by charters, could stipulate to give and receive assistance in case of need. These alliances also served to regulate difFerencea which broke out among the various neighbours, at a time when no public right or judicial forms existed tor the whole country. 62 HISTORY OP SWITZERLAND. [period II. PERIOD II.] HISTORY OP SWITZERLAND. 63 M of Buren. The invaders, dividing their forces, advanced with a strong party towards Bern. One of their principal leaders, a Welshman, erro neously styled by the chroniclers as duke of Wales, encamped at Fraucn- brunnen on the road to that city. Having met little or no opposition so tar, the English were reposing in security, when in the night of the 26th and 27th of December, the Bernese surprised their camp. Thev found httle resistance except in the convent, where the principal officers were bdged and where they fought singly in the corridors and cells. The English were thrown into confusion and dispersed in the darkness, with the loss of 800 men. Others of tlieir bands met with similar reverses m various parts of the country. The lord of Coucv, who had his head quarters at the abbey of St. Urban, seeing this, and finding that he could not maintain discipline in his motley army, or procure provisions in a country which he had ravaged, began his retreat, and returned to Alsace, which he completely devastated. This expedition was called by the Swiss the war of the Gvglor,, from the pointed kind of helmet which the English wore, and which in German is called m,nclhul*. XT Tf ,^"''".'1* °f Kyburg, landgrave of Burgundy and count of Neucliatel, having had disputes with the people of Soleure on the subject of some border districts, attempted to surprise that town. The Bernese hastened to the assistance of their old allies, and in 1383, their united forces made incursions on the lands of Kyburg, and besieged the town of Berthoudt. The Swiss confederacy, at the request of Soleure, sent to inquire of Leopold II. of Austria, son of the late duke Albert, whether he supported the pretensions of the count «f Kyburg, and Leopold pro- mised them to remain neutral. Nevertheless a party of 200 Austrians threw themselves mto the town of Berthoud, and thus prevented the surrender of the place. The Swiss were indignant at the duplicitv of Leopold, but as tlie quarrel was not one of their own, and as their truce with the duke of Austria still continued, they withdrew their contingent aiid left the troops of Bern and Soleure alone. Count Rudolph of Kyburg having died in 1384. his sons made peace with the Bernese selling to them the county of Berthoud for the sum of 30,800 guilders' and resigning their rights over the county of Tlmn, which Hartmann' of Kyburg had mortgaged to their father some years before The history of Bern is more remarkable than that of the other Swiss cantons by the steady policy which that republic pursued in gradually exfending Its territory, either by conquest or by purchase, at the conclusion of every war. The large sums which it paid for this object prove also its wealth, and the economical administration of its finances The truce which still existed between Austria and the Swiss cantons did not prevent Leopold from annoying the confederacy in several ways. He established a fresh toll at Rothenburg, which proved to be very op- pressive to the traders of Luzern. The people of this town, without the knowledge of their magistrates, marched to Rothenburg in 1385, de- molished the castles and the walls of the town, without, however, in- juring the persons or the property of any of the inhabitants. This led to a renewal of the war. The canton of Luzern had admitted into its community the districts of Entlibuch, and the towns of Sempach and Richensee. A garrison of 200 men defended Richensee, but the par- tisans of Austria surprised the town and took it by storm in 1386, when they slaughtered or threw into the lake the whole of the inhabitants without distinction of age or sex. Richensee was utterly demolished. The confederates on their side took the town of Meyenberg ; but, on the approach of the Austrian forces, they abandoned it, and, after removing the inhabitants with their goods to a place of safety, set the houses on fire. Such was the devastating character of that contest. At last Leopold himself came to Switzerland to carry on the war with more vigour. Having at first made some demonstrations against Zurich, the other cantons sent 1600 men to reinforce that city. But on hearing that Leopold was marching upon Sempach, they hastened in the same direction, and arrived before the town at the same time as Leopold. The cantons had demanded the assistance of Bern, but the Bernese, ex- hausted by their contest with the house of Kyburg, and the expense and taxation consequent upon it, were unable to fulfil their engagements towards their allies. In fact many of the burghers murmured against their government, on account of the burthens it had entailed on them, necessary as these were for the preservation of their independence, and the stability of the republic. Meantime Leopold's advanced guard, 1400 strong, committed all sorts of excesses on its line of march. Rutschman of Reinach, who commanded it, approached the walls of Sempach mounted on a cart full of ropes, threatening to hang all the burghers before sunset. The duke followed him close with a body of 4000 picked men fully armed, among whom were a number of counts, knights, and noblemen of the first rank. The Swiss confederates did not muster above 1300 men, all on foot, badly armed, having only their long swords and their halberds, and boards on their left arms with which to parry the blows of their adversaries. Their order of battle was angular, one soldier fol- lowed by two, these by four, and so on. Thus on the 9th July, 1386, did this handful of men advance towards the Austrians. The knight Ulrich de Hasenburg, seeing their firm step and steady demeanour, ad- vised Leopold not to accept battle that day, but to wait for the reinforce- ment of the baron of Bonstetten ; his advice was, however, disregarded, and Leopold and all his noblemen, alighting from their horses, placed themselves at the head of their men. The Swiss could at first make no 64 HISTORY OF SWITZERLAND. [period II. PERIOD II.] HISTORY OF SWITZERLAND. 6S impression on the close ranks of the Austrian?, all bristling with spears. But Anthony Zer Port of Uri cried to his men to strike with their hal- berds on the shafts of the spears, which he knew were made hollow to render them lighter ; and, at the same time, Arnold of Winkelried, a knight from Unterwalden, devoting himself for his country, cried out, *' ril open a way for you, confederates;" and seizing as many spears as he could grasp in his arms, dragged them down with his whole weight and strength upon his own bosom, and thus made an opening for his countrymen to penetrate the Austrian ranks. This act of heroism decided the victory. The Swiss rushed hito the gap made by Winkelried, and having now come to close quarters with their enemies, their bodily strength and the lightness of their equipment gave them a great advan- tage over the heavily armed Austrians, who were already fainting under the heat of a July sun. The very closeness of the array of the Austrian men at arms, rendered them incapable either of advancing or falling back, and the grooms who held their horses having taken flight, panic seized them, they broke their ranks, and were hewed down by the Swiss halberds in frightful numbers. Duke Leopold was urged by those around him to save his life, but he scorned the advice; and seeing the banner of Austria in danger, rushed to save it, and was killed in the attempt. The rout then became general, but the Swiss had the humanity, or the policy, not to pursue their enemies, of which otherwise not one perhaps would have escaped. The loss of the Austrians amounted to 2000 men, including 676 noblemen of the first f\imilies of Germany and of Aargau, 350 of whom wore coronetted helmets. Most of them were buried at Konigsfelden, with their leader Leopold. The Swiss lost 200 men in this memorable battle, the second in which they had defeated a duke of Austria at the head of his chivalry. ' The sons of Leopold continued the war; Bern was again urged not to abandon its confederates, who had, on former occasions, been ever ready to rush to its assistance, and who now began to reflect on the calculating policy of that growing republic, which seemed too much absorbed by its particular interests to hazard any thing for the common cause of the confederation: and this stigma has attached to the Bernese councils even down to the fall of that state in our own days. At length, yielding to their remonstrances, Bern declared for the confederates, proclaimed war against Austria, and overran the dependencies of that power in Fri- burg and Valengin. The Swiss, on their side, took the town of Wesen and other districts. A tnice was agreed on, which lasted till 1388, when hostilities were renewed with fresh fury. The Austrians retook Wesen by surprise, and put to death the bailift'of Uri and the Swiss garrison. From that position they annoyed the canton of Claris, and in April in- vaded that country with several thousand men. A few hundred men of Claris and Schwytz, unable to oppose any resistance, retired to the mountains in the interior. The Austrians took the village of Nafels and burned it ; but as they approached, on the 9th of April, the positions of the men of Claris, they were received with a shower of stones, which made them fall back, and the Swiss, availing themselves of their con- fusion, rushed down upon them, and forced them to retreat in disorder. When the Austrians arrived on the bridge on the Linth near Wesen, they were met by another body of 700 men of Claris, and the combat began afresh. A number of Austrians were drowned in the river by the breaking down of the bridge ; and the victory of Nafels was equal in its results to those of Morgarten, Laupen, and Sempach, and was the fourth great triumph of the confederates. The Bernese and the people of Soleure took Nidau and Biiren, where the Austrians had placed garrisons, and Bern conquered, on its own account, the upper Simmenthal and other places. At last, in 1389, a truce was entered into with the duke of Austria for seven years, on con- dition that the Swiss cantons, during that period, should retain possession of their conquests, with the exception of Nidau and Biiren, which be- longed to the lord of Coucy, to whom they were delivered up. This truce was renewed in 1394 for twenty years longer, and was faithfully maintained by both parties till 1415. The Swiss availed themselves of this long period of peace for the pur- pose of organising their military discipline. A series of regulations were framed at Sempach in July, 1393, of which the following articles might afford a lesson to nations boasting of much greater civilization : — 1st, Not to attack or injure any church or chapel, unless the enemy have retired into it. 2d, Not to violate or insult any females. 3d, Every Swiss engages to sacrifice his property and life if required for the defence of his countrymen. 4th, No Swiss shall abandon his post even when wounded. 5th, It is forbidden to any man to straggle for the sake of plunder without leave from his captain, or to appropriate to himself any part of the booty, which must be all reported and divided equally and in good faith. 6th, Whoever shall bring provisions to the confederates shall be protected and receive a safeguard. 7th, Each of the eight cantons engage not to undertake any war, unless it be approved of by the rest. 8th, No Swiss shall take away anything from any of his countrymen either in peace or war. Cuided by such honourable principles, to which they strictly adhered during the first ages of their independence, the Swiss carried the disci- pline of their armies to a perfection never surpassed by any nation, and this discipline, joined to their well known intrepidity and their strict fidelity to their oaths, brought them into the highest repute among the powers of Europe*. The defeats of Sempach and Nsefels gave to the Austrian power in * General Baron de Zurlauben has written a military history of the Swiss, in which the reader may find numerous pr«fessional details on this subject. ^ 66 HISTORY OF SWITZERLAND. [period II. f Switzerland a blow from which it never recovered. The feudal nobility, the vassals of Austria, had lost in those fights their bravest leaders, and the dukes of Austria, occupied with other matters, neglected the affairs of Switzerland. The feudatories, finding themselves unsup- ported, made the best terms they could with the cantons ; some of them being in want of money sold or mortgaged their estates and jurisdictions to the wealthy towns of Zurich, Bern, or Soleure, others entered into coburgherships with them, engaging to assist them in their wars. In a few years more than forty lordships belonging to the dukes of Austria, or to vassals of that house, came into possession of the Swiss confede-' rates, especially of Bern and Zurich. Rudolph, lord of Aarburg be- came a burgess of Bern in 1385, and he sold to the Bernese his cLstle of Simmenek, which commanded the pass leading into the Simmenthal or valley of the Simmen, an Alpine river which rises in the high ridge on' the Valais border, and flows into the lake of Thun. The Bernese were already possessed of Mannenberg, and other places in the same vallev The heirefb of Wyssenberg sold likewise to Bern her lordships of Unspunnen, Oberhofen, and the town of Unterseen, between the lakes of Thun and Brientz. The fine and extensive valley of Frutigen watered by the Kander and forming part of the district which is now generally called by the name of the Bernese Oberland, or Highlaud«= was sold to Bern by the baron of Thurn, whose mismanagement had in" volved him in difficulties. When the inhabitants of Friitigen heard of the negotiation for the sale, they all agreed to strain every nerve in order to redeem the seignorial fines and dues which had been transferred to their new masters. Every one contributed for this purpose his little savings, and it is stated in an old song, quoted by Muller, that the whole valley engaged not to eat beef for seven years in order to free themselves and their descendants from feudal burthens. Bern accepted the redemption money, and Frutigen, thanks to those public-spirited peasants became a free untaxed district subject to Bern, and such it remained for ages after, until the fall of the republic Other feudallords who had become coburghers of Bern sold to that city their dominions castles, and jurisdictions in the fertile district called the Emmenthal, or valley of the Emmen, near the borders of Luzern and one of the richest grazing lands in all Switzerland. Thus Hutwyl, Sumiswald, the Krauchthal, and other places, came into the possession of Bern. Ego and Berthold, counts of Kyburg, gave up to Bern the landgraviat of Burgundy, a jurisdiction so calledf Ihe relics f a former and prouder ordship, and which extended from Thun to the KlZfitZ77 ^r^^^^^r""^'' ^'^ ^^^ estate of thecountsof Kyburg in Hel^ietia; this too they sold, and after passing through several hands it came into possession of a Bernese family. Count Ego of Kyburg forsook Helvetia, where his ancestors had been long weaUhy PERIOD II.] HISTORY OF SWITZERLAND. 61 and powerful, and withdrew to St. Dizier, in Champagne, where his wife had some property, and there he died in the early part of the fifteenth century ; about a century and a half afterwards Hartman the younger, the head of his family, divided with his cousin Rudolph of Habsburg, the rich inheritance of the houses of Kyburg and Z'a- ringen. In 1393, Leopold, duke of Austria, and son of the Leopold who was killed at Sempach, came to Baden on the Limmat, and from thence he endeavoured to sow dissension among the Swiss, with whom, however, he was at peace at the time. He succeeded in bribing Rudolph Sclion, burgomaster of Zurich, and some of the other councillors of state, or members of the executive, who agreed to conclude a treaty offensive and defensive between Zurich and Austria, one of the conditions of which was that Zurich should not support the other cantons in the possession of the territories they had seized during the last war. A draft of the treaty was made out and sent to Leopold for his sanction. All this was done by the burgomaster without consulting the great or legislative council of Zurich. Meantime the other cantons, having heard of the nego- tiation, became alarmed-, and sent deputies to Zurich to remonstrate against a transaction which they denounced as a treason against the federal alliance which bound Zurich to the rest of the Swiss. But the notions of federal compact and federal duties were not very clear or definite at that time, as had been seen by the instance of Bern refusing "assistance to the confederates before the battle of Sempach*. The Zurich magis- trates contended that in contracting the alliance with the 'duke of Austria, they were within the sphere of their legitimate functions. The Swiss deputies then insisted upon the question being referred to the Great Council ;'and they appealed in public to the citizens whom they met in the streets. These adopted the same view of the matter, and angrily and clamorously demanded the convocation of the Great Council. The ma- gistrates were obliged to comply, and the Great Council being assembled, summoned a meeting of the commune or general assembly of the citizens. These impeached the magistrates, and ordered them for trial before the Council of Two Hundred or Great Council, which, after hearing the parties and examining the evidence, pronounced that the alliance with Austria was illegal, and condemned Rudolph Schon, and seventeen other individuals concerned in it, to banishment. After this the council and burghers together adopted several resolutions, to the effect that in future the bur- gomaster, and councillors of state, and tribunes, should be renewed every * The Beraese alleged a separate truce which tbey had with duke Ijeopold, and which would not expire for some months. This refusal of Bern to aid its confede- rates, who had so generously come to its assistance at Laupen, has often been made a subject of reproach against that state. It is recorded that when the de- puties of the Waldstatten received the refusal from the president of the Bernese council, they turned away in silent indignation, left the senate hall without uttering a word, and immediately set off to return to their constituents. p2 I! 68 HISTORY OF SWITZERLAND. [period II, PERIOD II.] HISTORY OF SWITZERLAND. 69 SIX months ; that the councillors should be chosen from among all classes of citizens without exclusion ;; that all questions should be decided by majority of votes and quickly ; and that in cases of indecision, or delav c?nn " ?'k f T'^''^ ""'' «^'' '^'" 0Pi™°". ""d that Iny coun- cillor or tribune should be at liberty to propose to the Great Council any motion he might think proper. ^ frnSl' ^Tl^ ''''"^ *''"' ^''^'^ '" •*'■= ^'^^^'"e of detaching Zurich [n a fresh"t^"^r'""K T' """'"■'"« *" ^^-"""ence hostilities'entered Ttwentv rr . '' '" 1394, renewing the former truce quisS 'T^"'7' »"d regulating the question of their recent ac- thenbr;- an^'tb P Tk' "l" '''''""-'^dged Sempach. Hochdorf, Ro- thenburg, and the Enthbuch, as subjects of Luzem ; the Entlibuch however, was to pay 300 livres annually to the duk^ He "ave ,n r"e?;'lt Th" '^"' ""'• ^"" '" P^y •" '•'' ""■^^ "f Austria Z.T ^ ! ; '^ '' " '=""°"" f"":' elicited by this treatv and IS^Iu 2 b '° f ^^-,''°"-ty- *«t notwithstanding that the Wa d statten had been independent for nearly a century, durin- the ~r hati.: t?;; '; ?v:^^"h^' ^'' '-''' ^"^'''^' ^^-'-e^rintrtr : .epenrfori;:^^^^^^^^^^^^^^ r;;zrafy^dLrtt-!::L^^^^^ by Bern and Soleure were ackno^Sdeld as b J T '"'""'''' Iselgau. a valley which extends atnf the 1:1^™ T"" '"' ^ Thiele and the possession of which wafdlsp^d bereen' ptyl ! .nd Be™ ^'Z '" "7'-- It -as, however, ultimatelv gfven ' to Bein. The possession of several fiefs acouirerl hv 7n„vi, , ^ firmed by the treaty, and the others were rest red to fustrta ^ ","" It was after the death of duke Leopold, and1l;f;; ::,tptt"nt cessions and weak administration of the dukes Albert'lV 77a,i! Z' that Austria lost her remaining influence t He ve a % '^ •^" itself of the opportunity to make fZl ."«'^e"a. Zurich availed lustration of justice was eutru^t.A f * i ^ . ^^"""^gen the admi- presidency of a^ baiHff H zSVl^ if ^'^^^^^^^'. r ^^ ^^^ exercised previously under that of aL A tir^^^^^^^ ^- court was formed by convoking all the heads ofC^ "^ '"'* As the administration of 7ur\X ^^^^^ «* ^amihes m the commune. and security, its sZct nr T ^Z' '"^ ''^''^^' ^"^ ^^^^^^^ peace its aUiance ' Th SJ ^ '''''' ''''' ^"^ ^«-- ^ht coburghership wi h Zur cl 7" ? '"^ '" ^"^^^ ^^ Pfeffikon in I with Zurich. The abbot of Cappel became likewise a coburgher, as well as the lord Johann von Bonstetten for his domains of Uster, Sax, Wilberg, and Gundisau, with the condition, however, that he should retain his dominion over his serfs, even if they should come to live upon the territories under the jurisdiction of Zurich. The lord of Bonstetten bound himself to furnish Zurich with armed assistance when required, but no contribution of money. From the above narrative it may be perceived that the town cantons of the Swiss confederation, namely, Zurich, Bern, and Luzern, at that period did not form compact bodies under a uniform administration emanating from a central government as is the case now. The chief town, with its banlieue, was the ruling republic, and exacted certain duties and contingents of men and money from the subject territories, which it had gradually acquired by conquest or purchase, leaving them, however, their local usages and franchises, regulated by the relationship in which they had stood towards their former lords, who had more or less authority over their feudal dependants according to the terms of the original grant or investiture by which they had obtained the fief. The cantonal towns of Luzern, Zurich, Bern, &c., therefore succeeded to the rights of the former lord, and exacted feudal dues unless the inhabitants re'deemed them by mutual consent. Besides these subjects, there were the coburghers, consisting either of lords or of towns, which had re- deemed themselves from feudal vassalage and become free, and who bound themselves to one of the cantons by alliance, for mutual support, under conditions more or less strict, and when summoned in case of war, joined their respective banners to that of the chief town. In after times, and during the wars of the fifteenth and sixteenth centuries, most of the feudal families either became extinct, or lost or sold their estates ; these were then incorporated with the neighbouring cantons, whose territories became thereby more compact and uniformly administered. The district or canton of Zug, when it belonged to the dukes of Austria*, consisted of the town of the same name, and of the three communes of Menzingen, Baar, and Egeri, and the custom was that in all questions concerning the whole district, the three communes, when unanimous, carried their motion against the town, but that the town and one of the communes carried theirs against the other two communes. The banner of the canton, however, was kept in the town of Zug. Some time after the canton of Zug had joined the Swiss confederation, the three com- munes resolved not to leave the banner and the seal of the canton any longer exclusively in the hands of the burghers of Zug. The town proposed that the question should be referred to the decision of the whole con- federation, but the country people rejected the proposal, asserting that as by the treaty of perpetual alliance between the cantons, made at Luzern in 1352t, it was agreed " that each town, district, village, or farm, be- longing to any one of the members of the confederation, shall retain entire * See p. 59. f Ibid, r.i 10 HISTORY OF SWITZERLAND. [period II. PERIOD II.] HISTORY OP SWITZERLAND. 11 Its laws, franchises, constitutions, rights, and usages, such as have remained to this day, and shall not he disturbed in the enjoyment of them;" the very words of the alliance confirmed the ancient usage givmg an ultimate power of decision to the three communes, inasmuch as the alliance had not been concluded with the council and burgesses of the town of Zug alone, but with all the members of the ancient baili- wick of Zug, which included the three communes. This dispute created a great stir in the neighbouring canton of Schwy tz, most of whose coun- cillors were of opinion that the appeal of the burghers of Zug ought to be attended to, and that the question ought to be decided by a sentence of the federal body. But others, and they formed the more popular party m Schwytz, maintained that the three communes were in the right that they were confederates as well as the town, and that the majority ought to make law. Two serious consequences, which in after times often divided the public mind in Switzerland, resulted from this affair of Zug. One was that jealousy which began about that time to manifest Itself between the rural cantons (the three Waldstatten and Glaris) and the town cantons. The former being constituted on the principles of pure democracy and universal suffrage, which was in harmony with the social ' condition, simple habits, and no great inequality of fortunes of their rustic mhabitants, felt their sympathies moved in favour of the rural population of the neighbouring districts, who were subject to the chief towns of the other cantons, whose government, as we have seen above was municipal, like that of the Italian republics of the middle ages' These cantons grew out of the free imperial towns ; the town was the original repubhc, and as it extended its territory by conquest or pur- chase over districts in a state of vassalage, it retained over those districts the rights of sovereignty of their former lords. Whenever, in after times disputes arose between the towns and their subjects, the popular feelinJ of the democratic cantons was generally on the side of the latter and against the ruling burghers of the towns, whose manners, wealth ' and of the Waldstatten. The second important result of the affair of Zue was the starting for the first time of the question concerning the com- petence of the confederate body as a supreme tribunal for deciding on the mtemal dissensions of any individual canton-a question of mo- mentous importance in a federal state. In the present instance of Zug all the cantons, except Schwytz, exhorted the three communes to subnet their differences with the town of Zug to the decision of the confederates But some popular leaders in Schwytz denounced this " as an attempt to deprive their friends and neighbours, the free-born peasants of the canton of Zug, of their liberties." The people of Schwytz assembled in their villages, took loudly the part of the three communes, ill-treated their own magistrates, who endeavoured to pacify and to reason with them tumultuously demanded the banner of Schwytz to be brought out and unfurled, and, without waiting for the decision of the council, they marched in a disorderly mass to Zug, surprised the town, and obliged the burghers to promise that they would submit their dispute with the communes to the decision of the people of Schwytz assembled in lands- gemeinde. But the deputies of the other cantons having hastily assembled at Luzern, ordered that the militia of that canton, being the nearest, should march directly upon Zug, and that the militia of the other cantons should follow In three days 10,000 men were assembled m the territory ot Zug Bern sent many of its councillors, Glaris sent six, and Soleure as an ally, though not yet a canton, sent four, to act as mediators. The three communes having assembled at Baar, promised to submit to the decision of the confederates. The deputies of the cantons havmg assembled at Beggenried, not far from the plain of Grutli, the cradle of Swiss independence, decided that the pretensions of the three communes concerning the banner and seal of Zug should be rejected, that both burghers and country people should obey the landamman and council of Zug elected agreeably to the existing laws, and that none of them should in future presume to appeal to Schwytz alone. Schwytz was condemned to pay 600 florins as an indemnity to the town of Zug, and 400 to the confederation ; and it was at the same time enacted, that whoever in the canton of Schwytz will not submit to the present sen- tence shall be punished as a disturber of the public peace, or given up, person and property, into the hands of the confederates, to be treated as a dishonourable and perjured criminal. The people of Schwytz, naturally warm-tempered, but honest, submitted to this decision, and vented their indignation upon the agitators who had misled them, and who, to the number of eight, were expelled from the council, and fined 200 florins among them. The rest of the fine was paid out of the public purse of the canton. It was decided at the same^time by the federal deputies, and agreed to by the cantons, that each canton is at liberty to change its internal institutions, and adopt a new constitution, but that this can only be done by orderly and legal means, and never by violence ; and that whenever two parties cannot come t® an agreement, and that one of them appeals in a becoming form to the decision of the con- federation, the other party must abide by the sentence. Thus ended the first intestine quarrel which broke out in a serious shape amongst the Swiss confederates, and which involved a question of vital importance to the very existence of the federal bond, a question which has often recurred since, even to the present day. Shortly after this, the inhabitants of.Hiinenberg having redeemed their feudal dues to their lord by payment of 120 florins, voluntarily joined the people of Zug. They assembled once a-year under a hnden tree chose their local authorities from among themselves, and their bailiff among the burghers of Zug, and resorted to the judicial court of Zug for appeal from the decisions of their own magistrates. 12 HISTORY OF SWITZERLAND. [period II. ■'I ■ Luzern purchased, in 1405, of the duke Frederic of Austria, for 3000 golden florins, his seignorial rights over the large and fertile valley of intlibuch, a fine grazing tract which Ues south-west of the city of Luzern between the canton of Unterwalden and the Bernese Em- menthal and whose inhabitants are remarkable for their robust forms their fondness for gymnastic exercises, their independent spirit, native' humour and taste for music. Tlie duke administered the forest laws exercised evil and criminal jurisdiction, and exacted feudal services and fees. He used to appoint a bailiff, by whose advice the people chose forty nf r* r °T "''" '*■"' "^^^^^"^ °^ ^^e baiUfr, and, with him, formed the judicial court, which decided by majority of votes. The L7w:entb.hTff Tr'r,'"^ P"' "^ """'' sentences, were divided between the bailiff and the duke. This constitution was maintained by Luzern, who thenceforth appointed the bailiff j but some of the more the people of Entlibuch at the price of 2500 florins. The people of Ent- hbuch were bound to send an armed contingent at their expense in the wars of Luzern. The Entlibuchers, however, wished to be considered as allies, and not as subjects, and were hurt at their seal being removed rtttns!"' '^'''^"'^" "^°'^'^ " ""''"^ '■"^ ^^P^'^'^d insur. an^trhr'''*'r1;vi ^""f "- ^'""''"' ^"^«"' Merischwanden. Tf W™ '"^'^'?."-%"> -choose their bailifffrom among the councillors ll,r , [ of Aarberg, avoyer of the parish of Russwyl, sold Sr^f^lTh "f "'^"T'f""'" ""^ •'"^P""' °f L"-- f-1200 florins. It has been remarked already that throughout all the revolu- lons and conquests of the early Swiss, individual' ights and vest In res s were generally respected, and at the peace they were eW e- Btored to the proprietor, or valued and redeemed by money ; a just a^fd ■ wholesome principle, often lost sight of by other nations IL I "ycl^l to a higher social refinement than those old mountaineers. And i Z probably owing to this scrupulous respect for justice that sJfs nde pendence became consolidated, and being cemented, as Tw r t opinion religion and morality, stood the brunt of ;ges of pd t'ical SEt;r''^' -"^"^ "*^"^p"''"- ■'- -^'-pp-red fr::"re The emperors of Germany, Wenceslas, Robert and Sigismund whose interests were distinct from, and often at variance wifh,7o^'of th dukes of Austna, seemed, in many instances, to favour th aggTandise meiit and total emancipation of the Swiss towns and cantons, w'tn, up to them whatever remains of imperial jurisdiction the emperor^s m 2 s .11 claim over them. Thus, Wenceslas made over to Luzern the fus g adu, and hkewise gave up to Zurich his right to the appointment of is bailiff to judge in capital cases. Similar cessions were^fterwrds made PERIOD II.] HISTORY OF SWITZERLAND. 73 to Soleure, Glaris, Zug, and other cantons. Wenceslas also gave his sanction to the establishment of a great fair at Zurich at Whitsuntide, which, being frequented by merchants from Italy, Germany, and other countries, became a source of wealth to the town. The coin of Zurich was the best in Switzerland, and severe punishments, such as amputa- tion of the hands, were resorted to against those who clipped, filed, or otherwise deteriorated it. A similar punishment was inflicted upon those who attempted to export it out of the country. At that time bullion was scarce and very valuable, much could be done with small sums, the sound principles of commercial intercourse were not understood, and the possession of hard sounding coin was considered as the chief strength and sinews of a state. For other offences, except deUberate murder, punishments were lenient, being mostly banishment in the first instance, but death was often awarded to those who broke their ban. The pfaffenbrlefy one of the earliest enactments of the Jus Helveti- cum, or federal law of the Swiss, was framed at Stanz, in the Unter- walden, in October 1470, by common agreement between the three Waldstatten, Zug, Luzern and Zurich, in consequence of some over- bearing acts of the prior of the chapter of Zurich. The dignitaries of the Swiss church, like those of Germany, united in their persons feudal as well as ecclesiastical prerogatives, which they were inclined to stretch to the utmost. The Swiss, however, were among the first people in Europe to draw a proper distinction between the spiritual and temporal jurisdictions. By the pfaffenbrief (priest's law) it was resolved — " that the Swiss would defend their laws and liberties against any authority, ecclesiastical or secular, and against any other power whatever. Nobles and villains, priests and laymen, all subjects of either Austria, or any other power, while inhabiting the territory of the confederation, were bound to contribute to the honour and profit of the same. No personal vio- lence was allowed, no appeal to foreign lords or courts, no endeavour to bring a suit before a powerful neighbour. The clergy were especially forbidden from trying temporal suits by canonical process. A confede- rate could be tried only by his natural judges. Any priest who should attempt any thing contrary to these regulations, was to be considered as an outlaw, and to be cast out of all communion and protection, or hos- pitality. All the roads across the territory of the confederates from the foamy bridge, (the Devil's bridge, at the foot of St. Gothard.) to the town of Zurich, to be open to all, and no one to be molested for debt, without the sanction of the government*.". In the midst of the successes of the town cantons, the municipal in- stitutions of the ruling towns, which were originally popular, gradually assumed an aristocratic character. At Bern the offices of state were, by tacit assent, allowed to be retained, for an indefinite period, by indivi^ , , . * Xschudi Chronicon Helvtlicum, under the^rear 1470. 7 c- J' )4 HiSTORT OP SWITZERLAND, fPERlOD 11. If duals who had rendered services to their country, and even by their families, and heirs after them. Now and then/however, popular jealousy took the alarm, and enforced the observance of the old handfeste or charter given to the town by the emperor Frederic II., which provided that every year the Council of Two Hundred should be renewed, a statute which had fallen into desuetude. The avoyervon Bubenberg, who had distinguished himself by his firmness in the war of Laupen, and had rendered other important services to the state, having become obnoxious to many, who imputed pride and haughtiness to him, was banished for 100 years, together with all his family, by a vote of the popular assembly, and he retired to his native castle. In 1352, fourteen years afterwards, voices were raised for his recall, and found favour among the people, but were opposed by the council, who alleged that a decree of the people was irrevocable. The people now became as clamorous for Bubenberg's recall as they had been before for his banishment ; they demanded that iht handfeste or charter should be read, in order to ascer- tain whether it contained any clause rendering the decrees of the peo- ple irrevocable. The town-clerk, in reading the charter, purposely omitted a passage in which it was stated that any resolution was legal which was for the advantage of the city. One of the bystanders, per- ceiving the fraud, threw a bunch of cherries upon the face of the town-clerk, who let the charter fall, when one of the burghers took it up and read the passage aloud. The recall of Bubenberg was then voted by acclamation. The exile, then ninety years of age, was received in triumph, and soon after expired in peace within that city which he had been instrumental in saving. The principle of annual election, however, having become again neglected from some cause or other, a general assembly of the burghers, held on Good Friday, 1374, resolved that as, according to the letter of the handfeste, the magistrates should be renewed every year, all the actual magistrates were deposed, after which new ones were' elected more acceptable to the people. This ebullition, however, was but momentary ; the new magistrates contrived to evade the law of the annual renewal, and things went on as before. And in order to restrain the popular discontent, a secret tribunal was instituted which received private information, and condemned several citizens to exile and other pumshments. Any one was forbidden to appear in arms in the streets of the city, and whoever was met out after a certain hour of the evening without a lantern was banished for a month. At last a public calamity brought about a reform. On the evening of the 14th of May, in the year 1405, a fire broke out in Bern, and being blown by a strong wind it raged furiously, and consumed 550 houses, which were then built of wood. Several thousand individuals were rendered houseless. But at the sight of the flames the people of neighbouring communes ran to the assistance ot the sufferers ; and the report of the disaster having spread further, PERIOD II.] HISTORY OF SWITZERLAND. IS the whole country around, subjects, coburghers, confederates, vied with each other in aflfording help. This was a most cheering evidence of the good administration and equity of the Bernese government towards its neighbours, notwithstanding its aristocratic character, and it aff'ords to the historical reader a striking contrast with the very diff*erent conduct of the neighbours of Rome, who, after that city had been burnt by the Gauls,- rose to prevent the inhabitants from rebuilding their houses. Even Freyburg, forgetting its old rivalry, sent 100 workmen and twelve waggons, and kept them one month at its expense, to assist the Bernese in clearing away the ruins. In the midst of the common calamity the avoyer and council resolved to assuage the general grief by restoring the ancient forms of annual election, and laying all im- portant affairs before a general assembly of the citizens. This spon- taneous resolve conciliated the whole people, and infused into them new vigour for rebuilding their town. It was then built of stone, on an im- proved plan, with broad streets, fine houses, and massive walls, such in short as it is now seen, the handsomest town in Switzerland. The wealthier citizens contributed money to rebuild the houses of their poorer neighbours ; but it was also decreed that the circuit of the walls should never after be enlarged, because it was thought that a robust and healthv peasantry afforded better means of defence, and was kept more easy in obedience, than too large a civic population. Fifteen years later the cathedral was raised, and at the same time Conrad Justinger, the town-clerk, was commissioned to write the first chronicle of Bern, in which the traditions and recollections of the old men were embodied. At Zurich, the people, excited by unfounded reports of cruelties com- mitted by the Jews upon children of Christian parents, loudly demanded the extirpation of that race. The affair being brought before the tribes, all the Jews were ordered to be put in prison ; but the burgomaster and the councils succeeded by their firmness in saving the persons of that un- fortunate people; they were fined 1500 florins and banished. In con- sequence of this instance of popular injustice, the two councils shortly after swore, solemnly invoking all the saints, to the following funda- mental law : " That in future no affairs should be brought before the people, except questions*of war and alliances, or any questions with the Germanic Empire, which might affect the franchises of the city." All other questions were to be decided in the councils by majority. At the beginning of the fifteenth century, the houseof Austria was still possessed in Helvetia of the Thurgau, Aargau, Winterthur, Rapperschwyl, and Freyburg. The house of Savoy was possessed of the Pays de Vaud. The Valais as well as the valleys of Rhsetia were under the jurisdiction of their feudal nobles. The counts of Neuchatel and the bishop of Basle in the west, and the abbot of St. Gall and the counts of Toggenburg in the east, were also powerful neighbours of the eight Swiss cantons. In the north there were still three free and independent imperial towns, namely, So- 16 HISTORY OF SWITZERLAND. [period II. I^P if; r' II leurc, Basle, and Schafi'hausen. The town of Soleure had frequent dis- putes with the feudal lords in its neighbourhood, and with the counts of K\ burg among the rest. Rudolph of Kyburg, having, through the mis- management of his father and grandfather, inherited but a small part of the ancestral estates of his family, and his own native town of Thun being mortgaged to the Bernese, he retired to Bipp, a castle near the Aar, a few miles north-east of Soleure, which belonged to the counts of Thierstein, who had placed it in his hands as a security for moneys ad- vanced to them by Rudolph. This extensive system of mortgages, loans, pledges, and securities, which appears to have spread like a vast net over most of the feudal domains in the middle ages, and kept them se- questrated in the hands of creditors until full payment of capital and interest, contrasts singularly with the notion of overbearing phy- sical force which is generally considered as the supreme law of those times. But even physical force could not be recruited without money, and as the proud barons were often in want, they felt the necessity of mutually respecting their engagements. An episcopal or imperial sheriff with his warrant saw the drawbridges lowered before him, which would have remained unmoved at the summons of a powerful hostile force. The country feudatories wanted money for tournaments, for crusades, for marriages, or funerals, or to be enabled to attend the imperial summons to a distant field ; and they could only obtain the needful supplies from the free towns, whose citizens were enriched by trade and industry pro- tected by independence and good government. The towns lent the sums required, for which they received in pledge castles and estates, or even offices, or reversions to offices, both honourable and lucrative, such as avoyerships, wardenships, &c. The debt in most cases was not repaid at the expiration of the fixed time, and the pledge became the property of the creditors. Rudolph of Kyburg, in his castle of Bipp, fancied that the best means to retrieve his fortunes was to attempt to take possession by sur- prise of the neighbouring town of Soleure. Once in possession of the town, he thought that by bringing forth some old contested titles of his family he might obtain the sanction, or purchase the oblivion, of the dis- tant imperial chancery. One of the canons of St. Urs, named Amstein, was his uncle, and his house adjoined the city walls. The count's men with their ladders approached the town on that side in a very dark night. But a countryman who had observed the preparations of the count at Bipp, and the number of men collected there, from some of whom he had learnt something of the plot, ran towards the gate and alarmed the watch. The watchmen wanted to ring the great bell of St. Urs, but the canon had muflSed it ; their shouts, however, made the citizens gather to the walls, and Rudolph on approaching saw that his plot was discovered, and drew off his men in confusion. Amstein was put to death and the countryman was rewarded, and Rudolph himself period II.] HISTORY OF SWITZERLAND. 11 soon after died of grief and disappointment in 1384. His heirs fought hard to recover part at least of their inheritance, but having been obliged at last to give up Thun and Berthoud to Bern for a sum of money, they asked and obtained as a boon that their names should be inscribed among the citizens of Soleure. Elizabeth Senn, heiress of the counts of Bucheck, also sold to the town of Soleure the castles of Bucheck, Teu- felsburg, and Balmeck. The main object of the towns in acquiring feudal estates, was to sur- round themselves with strong holds and with a hardy peasantry, so as to defend the approach to its walls from an enemy. All power in western Europe was then founded upon feudal institutions ; kings and emperors were but the head lords in their respective dominions, whilst their tenants in chief were like kings in their own estates. The exercise of authority, however, was not so direct or absolute as that of the despotic monarchs who reigned in Europe after the decline of the feudal system. Every lord had certain fixed rights, ' more or less ample, according to the original grant of each particular fief, and the towns and communes under his jurisdiction had also their rights and immuni- ties, established either by the letter of the grant or by usage and pre- scription. Stretches of authority on the part of the lord occurred fre- quently no doubt ; but they were considered illegal, and in ordinary times the injured party might seek redress at the hands of the superior lord, of the emperor, or the king. When a feudal estate was sold or mortgaged, or placed in trust, the purchaser, mortgagee, or trustee, took it with all the conditions, rights, charges, and obligations, without exception, which the seller or mortgager was subject to or enjoyed. The free towns, therefore, which acquired feudal possessions attained the character of feudal lords ; but the condition of their vassals was, ge- nerally speaking, preferable to their former condition under some haughty, overbearing, and at the same time time needy feudatory ; jus- tice was better administered ; the burghers of the town being free from those exaggerated notions of their own superiority which many of the no- bility entertained, found their interest to be in making their subjects feel happy under their rule. It was only after several generations had passed, that the subjects of the towns having gradually risen in wealth and importance, began to aspire to an equality of rights with their rulers ; and felt that to be a hardship which their forefathers had con- sidered as a happy state. The town of Basle had become in the eighth century the residence of the bishops, who before resided at Augst (Augusta Rauracorum). The temporal jurisdiction of the bishop in the town of Basle was limited by municipal franchises granted at various times by the kings of Burgundy and their successors the emperors. Rudolph of Habsburg acknowledged Basle as a free imperial town*. But there was a village or suburb built * Pp. 33 and 36. 78 HISTORY OF SWITZERLAND. [period II. on the opposite or northern bank of the Rhine, and which was called Little Basle; this the bishops surrounded with walls in 1270, and from that time appointed its magistrates. The bishops greatly extended their dominions by grants, purchase, and conquest. Rudolph III. of Bur- gundy gave them the abbey of Moutier Grandval, with the provostshins of Moutier, and the valley of St. Imier. They also acquired of the counts of Toggenburg, Liestall and Romberg in 1305. Their increased posses, sions involved them in disputes with their neighbours the counts of Neuchatel, with the towns of Bern and Soleure on account of Bienne* and even with the emperor. Meantime the free town of Basle prospered by commerce. In 1356, Albert duke of Austria, who claimed some junsdictions which the citizens would not acknowledge, was marchini? with an army against it, when he learnt on the road that an Earthquake and a fire had destroyed the greater part of the town. Some one sug- gested to him that this was a fit opportunity to render himself master of the place, when the duke exclaimed, " God forbid that I should proceed another step against that unfortunate people ! Let them rebuild th^ir houses and walls in peace ; it will be time afterwards to settle our dis- putes." And he sent 400 of his peasants from the Black Forest to assist the citizens ofBasle in clearing, the ruins, at his own expense. Ihis generosity cemented a mutual alliance between Basle and the duke Afterwards, in 1376, Leopold, Albert's successor, having purchased Little Basle of the bishop, gave a grand tournament, and other feasts, to which all the neighbouring nobles were invited. One day, after an abundant banquet, it was proposed to adjourn to the great square of Basle as affording more space for the games. The citizens made no Objection, and crowded round to witness the amusements. But the young nobles, heated with wine, began to insult the bystanders and to molest the women. The citizens ran to arms and fell upon the intmders of whom some were killed, while the rest were secured as prisoners' by the exertions of the burgomaster ; indeed. Leopold himself had ^reat difficulty in escapingt. The others were ransomed afterwards. From hat ime Basle became more and more respected by its neighbours, but It did not enter into alliance with the Swiss cantons until long after. Basle was from the beginning essentially a commercial town; it has remained such ever since, and is even now the wealthiest town of Swit- zerland. The imperial town of Schaffhausen, situated north of the Rhine, had ZKIT 'TT'"' 7f *' ^^"''' ^''"^ ^^^"^ i' ^"^ divided both by Austria ^'° ^ '^' intervening domains of the house of the^"varir' '* f ''«gi""'»g.''f the fifteenth century, the condition of SwitlXd. ^ "' °' "^^ '•'""'^y "°^^ '""^'J "•'"S^'her • P. 61. t This was the sam, Leopold «ho was afterward, killed in the battle of Sempacb. PERIOD II.] HISTORY OF SWITZERLAND. 19 ' The authorities for this second period are mostly the same as for the preceding, namely, Tschudi Joh ^ ^"HfT, ^"'^^ Wft|^.Pvillft. Others are mentioned in the course of the narrative. Coxe's History of the House of Austria has also been consulted. With regard to the story of Tell, the reader is referred to the following works : Balthazar, " Defense de Guillaume Tell," 1760; A. Emmanuel de Haller, "Lecture sur Guillaume Tell," Bern, 1712, and, more especially, J. J. Hisely, " Guillaume Tell et la Revolution de 1307," 8vo. Delft, 1826, in which the author has fully examined the question concerning the authen- ticity of the episode of Tell; he has inserted in his book Freudenberger's ** Fable Danoise," as well as the two defences of Tell by Balthazar and Emmanuel de Haller, adding his own arguments, and his work may be considered as complete on the subject. In the year 1387, the canton of Uri caused a chapel to be built on the spot where Tell leaped on shore from Gessler's boat, and in the following year 1 14 individuals of the landsgemeinde, or general assembly of the same canton, who remembered Tell personally, (Tell had died about 1350 in his native village of Burglen,) visited the spot. Klingenberg wrote his chronicle about that time, and he mentioned the fact. In the following century Melchior Riiss, Etterlin, and Schodeler, wrote their chronicles, and they all insert the narrative of Tell as a matter of notorious tradition in their time. Riiss mentions a song or ballad in memory of Tell, and speaking of the Tellens Blatt, or flat stone, at the foot of the Axenberg, on which Tell leaped from the boat, he observes that it was an old name, " called still so in my time," is his expression, Riiss wrote about a century after Tell's death. The last male offspring of Wilhelm Tell's family, John Martin Tell of Attinghausen, died in 1684, and the last female, named Verena, died in 1720. THIRD PERIOD. FIFTEENTH CENTURY. FROM THE EMANCIPATION OF APPENZELL AND OF THE ORISONS, TO THE END OF THE SUABIAN WAR, AND THE ESTABLISHMENT OF THE CONFE- DERATION OF THE THIRTEEN CANTONS AND THEIR ALLIES. About the beginning of the fifteenth century, misunderstandings arose between the mountaineers of Appenzell and their lord, the abbot of St. Gall. The agents of the abbot encroached on the privileges of the people, and levied taxes in a harsh and oppressive manner : one of them, the baihff of Schwendi, exacted a duty on the cheese and butter which were carried to market, and he kept two fierce mastiffs to fly at any one who attempted to pass the toll-house without having paid the duty. The bailiff of the town of Appenzell had the right of catel or " chattel," in virtue of which the best garment of every man who died became his per- quisite. He one day caused the grave of a man lately buried to be re- opened, m order to seize the clothes in which the children of the deceased had dressed their parent. These and many other vexations, joined to the example of their neighbours the Swiss, led the Appenzellers to think of emancipating themselves from the abbot's rule. On a fixed day they rose, surprised the castles, and drove the bailiffs away. The abbot Cuno of Stauffen having no means of suppressing the revolt, applied to the imperial towns of Suabia, who were his allies, and who sent mes- sengers into Appenzell. The mountaineers said, " they were ready to pay the abbot his lawful dues as before, provided he chose his baiMs among a certain number of honest men whom they would propose to fw* u r '™P'''^^ ^''''''''' ^^o^e^-e^-* '•ejected the proposal, and insisted that the former bailiffs of the abbot should be reinstated, and these, through mahce and revenge, treated the people worse than before. The Appenzellers then turned to the town of St. Gall, which having grown around the abbey, and being in some measure dependent on it, yet en- joyed imperial franchises and immunities, and was allied to other im- perial towns. Its position between Germany and Italy rendered it a place of considerable trade, which the industry of its inhabitants had in- creased by the establishment of manufactures. The people of St. Gall had also their grievances against the abbot ; they listened readily to their neighbours of Appenzell, and formed an alliance with them for the pur- PERIOD III.] HISTORY OF SWITZERLAND. 81 pose of defending their respective privileges. The abbot, incensed at this, redoubled his severity against the Appenzellers, and appealed again to the league of the imperial towns of Suabia, which decided that tne alliance between St. Gall and Appenzell must be dissolved, Y,,,:Z abbot shall choose his bailiffs from among the natives of he latter country. St. Gall submitted to this decision. The Appenzellers, per- ceiving that the nobility of the imperial towns preferred the friendsnip of a prince abbot to the interests of a race of humble mountameers, ad- dressed themselves to their brethren of the Swiss cantons, expecting more sympathv from that quarter. Schwytz and Glaris alone answered the call ; the former entered into a coburghership with the people oi Appenzell, and Glaris, without stipulating any act of alliance, proclaimed " that all those among the citizens who chose to serve in the cause ot Appenzell were free so to do." All the inhabitants of Appenzell at- tended in their respective rhodes*, and they all swore to each other and to the landamman of the village of Appenzell, to remain hrmiy united for the defence of their common rights. On hearmg this imperial towns, urged again by the abbot, collected a considerable torce both horse and foot, and sent it to St. Gall, where the abbot reviewed and entertained them. Thence they proceeded towards Trogen, a village of Appenzell, the cavalry, in full armour, being followed by 5UUU infantry. On the 15th May, 1403, they entered the hollow pass ot Speicher, at the foot of the VOglinseck mountain. The men of ^PP^^^" zell, informed by their scouts of the approach of the enemy, had lett their wives and children, and after receiving the blessings of their aged parents they posted themselves, to the number of 2000, on the summit of the mountain ; eighty of them advanced to the chffs which overhang the hollow way, while 300 men of Schwytz, and 200 of Glaris, placed themselves in the wood on each side of the road. The enemy's cavalry boldly ascended the mountain. The eighty Appenzellers began the attack with their slings, whilst the men of Glaris and of Schwytz rushed upon the flanks of the column. The cavalry, pressed in a narrow way, spurred their horses to gain the plain on the summit of the hill, when they perceived the whole force of Appenzell advancing to meet them. At this sight the leaders of the column or- dered a retreat, in order to regain the open country below. The dismal word retire ! sounded along the files of the long column— the infantry in the rear thought all was lost, and began to disband— the people of Appenzell, Schwytz, and Glaris, fell from every side on the cavalry cooped up in the hollow way. Six hundred cavaliers lost their lives, the rest spurred their horses through the ranks of their own infantry, the rout became general, and the discomfited troops reached St. Gall in the greatest confusion. ^ * Rhodes, from Rotte, troop or band, means the communes or hundreds into which Appenzell is divided. This denomination continues to the present day. ^ G 82 HISTORY OF SWITZERLAND. [period III. PERIOD III.] HISTORY OF SWITZERLAND. 83 1 i The imperial towns, disheartened by this defeat, and having lost many of their most distinguished warriors, forsook the cause of the abbot, and made their peace with Appenzell. The abbot, deeming himself not safe m St. Gall, retired to Wyl. The Appenzellers, being masters of the country, attacked and destroyed his castles, and ravaged his domains. The abbot and the gentry his vassals implored the assistance of Frederic* duke of Austria, who, after some hesitation, assembled a force in the Tyrol, which he divided into two columns; the stronger advanced on the 17th June, 1405, from Altstetten, in the Rheinthal, by the moun- tain called Am Stoss, on the borders of Appenzell. The count Rudolph of Werdenberg, who had been deprived by the dukes of Austria of his possessions m the Rheinthal, offered his services to the Appenzellers, and, throwing aside his knightly armour, assumed their mountain cos- tiime. He was unanimously entrusted with the defence of the country. The Appenzellers had posted themselves on the mountain, from whence they threw down enormous stones and trunks of trees on the advancing column. The day was rainy, so that the slope upon which the Appen- zellers were posted, and which was covered with short grass, was ex- tremely slippery. The Austrians had scarcely reached the middle of the ascent when Rudolph gave his men the signal to advance. The Appenzellers were barefooted, and they rushed safely down the hill upon the enemy, whose ranks were thrown into disorder, and whose bow- strings were rendered unserviceable by the rain. The Austrians, how- ever, fought desperately man to man with sword and spear. On a sud- den they perceived on the hills a fresh body of Appenzellers, which threatened to cut off their retreat. A general panic then seized them ; It was no longer a fight, but a slaughter ; and the streams of rain flow- ing down the sides of the hill were reddened with the blood of the mvaders. The combat and the pursuit lasted six hours, after which the Appenzellers returned to the field of battle, and there, falling on their knees, they returned thanks to the Almighty for the deliverance of their country. The troop whose appearance had decided the flight of the Austrians was composed of the women of Appenzell, in shepherds' frocks, who had come to share the dangers of their husbands and their brothers ! Duke Frederic, who had advanced with another body of troops from Arbon, and vainly besieged the town of St. Gall, attempted to penetrate into Appenzell from another side, but was also repulsed and obliged to retire into Tyrol. The Appenzellers now formed an alliance with St. Gall con- quered the Rheinthal, and advanced into Tyrol, whilst another 'body assisted their allies of Schwytz in conquering the valley of Waggis and the Lower March, which have ever since formed part of the latter canton. The war of Appenzell lasted five years, during which the shepherds of that country, whose name was hardly known before, made themselves formidable, extending their incursions to Bregentz and Lan- deck on the Inn, and in Thurgau as far as Weinfelden. They took by force more than sixty castles, and destroyed thirty. They also entered the town of Wyl, and made the abbot of St. Gall prisoner. It was m vain that they were excommunicated by. the bishop of Constance, and put by the emperor to the ban, in 1406 ; they disregarded both. Their too enterprising spirit, however, received a cbeck under the walls of Bregentz, from whence they were driven back. At last, in 1408, the emperor Robert, who had come to Constance, negotiated a peace, by which the abbot of St. Gall gave up his seignorial rights over Appen- zell, retaining, bowever, certain revenues. The Appenzellers restored the Rheinthal to the house of Austria. They contracted, after this, an alliance with the Swiss cantons, Bern excepted, but were not received into the confederation until long after. The Swiss, in this alliance, showed some mistrust of the newly awakened ambition of the moun- taineers of Appenzell, for they stipulated that the latter should not en- gage in any war without the consent of tbe confederates, and that in all cases the expenses of the war should be defrayed by Appenzell alone. In 1415, the famous Council of Constance began. No less than three popes, John XXIII, Gregory, and Benedict, contended for the see of Rome, to the scandal and distraction of the Christian world. The em- peror Sigismund determined to put an end to this deplorable schism, and for this object the council was mainly convoked. But the emperor's disposition was false and rapacious*. The duke Frederic of Austria favoured John XXIII, a prelate of a worldly, profligate character, and protected and abetted him even after the council had deposed him, as well as tbe two other pretenders to the papacy, and elected in their place Martin V. For this, Frederic was excommunicated by the council, whilst Sigismund, jealous of the power of the house of Austria, and covetous of its vast domains, put him to the ban of the empire, and invited all the imperial vassals and towns to make war against him. The same invitation was addressed to the Swiss cantons. The Swiss refused at first, with the exception of Bern, ever ready to seize a favourable opportunity to aggrandize itself. The old forest-cantons hesitated; they had lately renewed their truce with the duke of Austria for fifty years longer, and although the bishops, in council assembled, absolved them from their engagements, and the emperor promised them the per- manent possession of all the conquests they should make on Frederic, they for some time withstood the temptation, saying, " that a breach of faith could never be justified either by the church or the empire." But Zurich, more covetous and less scrupulous than the rest, having followed the example of Bern, the other cantons, threatened on one hand and tempted on the other, also declared war against Austria in April, I4I5. * After eivinff a safe-conduct to John Huss, the Bohemian preacher, accused of heresy, that he might appear before the council, Sigismund allowed him, as well as his disciple, Jerome of Prague, to be given over to the secular arm, and burnt alive. G 2 84 HISTORY OP SWITZERLAND. [period III. The canton of Un and the brave shepherds of Appenzell formed the only honourable exceptions ; they remained faithful to their truce with J^rederic, and took no part either in the war or in the spoil. Bern, joined cradlf Jr"> ^'^""^' /»'"«d 'h« Aargau. This fine province was the cradle of the house of Habsburg; it extends from the Aar to the Lim- mat, and northward to the Rhine, and was divided between towns en- joymg franchises under the protection of the dukes of Austria and seve- ral lords vassals of the duke. Hearing of Frederic's interdict, and of Lra 2! t."'"'"'""^ "'"'™' '" the approaching struggle, and form- hL iSf- """".'f r°"S "" *' '"^'"'^'^ °f Aargau for the defence of ce! K T!' ■ "?'' '" *'■'''' ^•'''' "'^ Swiss confederates in case of ne- donl n"f 1" J"'" "'«■" "^ '^ 'li^'i'ict canton, as Claris and Zug had havLtb!; t ? •^''^ ""' ^"'"^'' '" ""= '=°™P^'='; they preferred he butt ""'^.a/'.^ their master to placing themselves on a level with •r r. r , . ''■"' ""^ ""''^^ °'' ">« misfortunes of Aargau. and of Hs state of subjection, which lasted till the end of the eighteenth century. conferr!.' '''","• '" P'"" i^^^m^eUes under the protection of the hL T '^^ ^""^^ "f- ^"'' ""= ''«l'"t'«^ ^vere rcturninL. to their homes, they espied on the hills the banners and the troops of' the cZ tons who had hostilely entered the country. The town of Zoffin^en b, 1 A ""'' '"^" fi'^^'-'y '« Bern. The same happened to Aar- burg Aarau, Brugg, Lentzburg, and others. In a few weeks the Be - nese had conquered the greater part of Aargau, the rapidity of their nioveniems preventing any effectual resistance' Luzern on its^sl t ok Zv T r i^ ^'"■«^''"=- having crossed Mount Albis. occupied the B len 1- r""\'^"="''^" - ■" "'^ "=">'« «f "'« ^even canton L n TheT' ^■^^^'"f'^'> ^J«»-S«". Bremgarten, and the county Baden. The strong castle of Baden held out for some time lon-^er for fh til " "•"'"' •"■ "'^ """^^^ •"'^'"S battered down ^ t the walls the garrison surrendered and the castle was burned The confederates then divided their spoils. Bern, Zurich, and Luze n ke each Its conquests with the same rights as the house of Austrb la exercised over those dstricts. and the country conquered in commo was formed into bailiw.cks under the authority of the united canton who sent by turn bailiffs every second year to govern them. Bern, wWch latwicts' Tb "".J 'I' '""'^ ^'"^' ''' "°' P^^'''='l"'t^ ■" the cLm n ba, iw cks. Thus the Swiss republicans began to have extensive subject districts over which they ruled as sovereigns. The practice was af er wards widely extended, it became an abundant source of disconten id PERIOD III.] HISTORY OF SWITZERLAND. 85 civil war, and was at last the main cause of the overthrow of the old Swiss confederation. Whilst the house of Austria was thus stripped of its ancestral posses- sions in Helvetia, duke Frederic made his submission to the emperor Sigismund, and, having given up pope John, became reconciled with the church This re-establishment of peace was signified to the Swiss can- tons, with the injunction that they should restore their conquests to the duke. Uri again lifted up its voice for the cause of honesty, but its scruples were laughed at by the other cantons, who were determined to hold fast their prize, and they propitiated the cupidity of Sigismund by a sum of 10,000 golden florins. By a treaty concluded in 1418 between the emperor and the duke of Austria, the duke renounced all his rights over the Aargau, and the counties of Lenzburg and Baden, and the other bailiwicks. Such was the end of the war called the War of Constance, the first in which the Swiss acted on the offensive without having received provocation. About this period the Swiss cantons first carried their arms across the Alps into the valleys of Italy. The cantons of Uri and Unter- walden had grounds of complaint against the officers of the duke of Milan, who had annoyed some of their countrymen and seized their cattle. The duke refused to give them satisfaction. They crossed the St. Gothard, took possession of the Val Levantina or Livinen*, and then, with the full consent of the inhabitants, they occupied the valley of Oscella or Ossola. The duke Visconti engaged the duke of Savoy to re- conquer the latter. The troops of Savoy crossed the Valais, and, pene- ' trating by the Simplon to Domo d'Ossola, drove the Swiss garrison away. The cantons of Uri and Unterwalden next purchased of the baron of Sax Misox, a Rhaetian nobleman, the town and valley of Bel- linzona as far as the lake Maggiore. The duke of Milan sent a large force under the command of Pergola, one of the ablest condottieri of his time, to prevent the Swiss from keeping possession of their purchase. The two armies met at Arbedo near Bellinzona, and an obstinate combat ensued, which lasted the whole day. The landamman of Uri, the stand- ard bearer of the same canton, and the ammanof Zug, Peter Kolin. were among the killed. The son of Kolin seized the banner dyed with his father's blood, again waved it at the head of the men of Uri, and although he too perished the banner was saved. Swiss bravery, how- ever, could not triumph over the steady discipline of the veteran troops of Italy. Weakened by the loss they had sustained, the Swiss mourn- fully recrossed the St. Gothard, leaving a garrison, however, in the Val Levantina. The battle of Arbedo was fought in June, 1422, and Bel- linzona was soon after given up to the duke of Milan by a treaty. * The Vallis Lepontina of the Romans. The Ticiiio, descending from the St. Gothard, waters the valley in its course to the Lago Maggiore. - f 86 HISTORY OF SWITZERLAND. [period III. These Italian broils were the cause of a popular insurrection in the Valais. The lord of Raron, captain-general of that country, had allied himself to the duke of Savoy, whom he ;had assisted in his expedition against the Swiss at Domo d'Ossola. The cantons resenting this, ex- cited the people of the Valais against the lord of Raron, whose ambition had already offended his countrymen.. An old custom prevailed among the people of that country ; when they wanted to obtain from their lords redress of their grievances, they hoisted in the market-place an enor- mous club, one end of which was rudely carved into something resem- bling a human face, bearing an expression of woe and crowned with thorns ; this was called La Mazze, and was meant to represent oppressed justice. A man stood behind it, and the people came one after the other to ask of the Mazze what made it so sad ? Was it such or such a lord mentioning several, that had grieved it ? The Mazze remained motion- less. But when the lord of Raron came to be mentioned, the Mazze made an inclination of the head. Then the man lifted up the Mazze and earned it from village to village, the people following it, and in- creasing at every step ; and it was proclaimed that the Mazze was going to demand satisfaction of the lord of Raron, of his nephew the bishop of Sion, and their adherents. The baron, seeing the whole country risen against him, escaped to Savoy ; and the people destroyed his castle near Siders, as well as that of the bishop. Having obtained no assistance from the duke of Savoy, the lord of Raron repaired to Bern, whose coburgher he was. Bern espoused his cause, the forest cantons took part with the Valaisans. A diet, assembled at Zurich, decided that the property of the baron should be returned to him first, and that, on the other hand, he should do justice to the people But the people were not satisfied with this decision, and hostilities com- menced between them and Bern. The Bernese, joined by Fribur^ and Soleure, sent an army of 13,000 men over the Sanetch Alps into the Valais. The forest cantons offered their mediation in vain • and the Valaisans, having refused to accede to any terms with Raron and Bern were Id-t to their own resources. They fought desperately, and re- pulsed the Bernese. At length fresh proposals of peace were made, and tbe Valaisans agreed to restore Raron's domains, to pay 10,000 florins as a compensation for the damage they had done him, an equal sum to Bern for the expenses of the war, and 4000 florins to the Chapter of Sion. This was in 1420 ; but the lord of Raron died at a distance from his country, and his family losing all their influence, the Valaisans con- tmued. ever after, to govern themselves according to their own muni- cipal constitution. The upper, or German Valais was divided into six dixains or hundreds, and the town of Sion formed a seventh. Each sent deputies to the general assembly of the country, at which the bishop of Sion presided. The lower Valais was afterwards wrested, by the upper TEBIOD III.] HISTORY OF SWITZERLAND. 81 Valaisans, from the duke of Savoy, and was governed by them as a sub- ject district. The Valais entered also into alliances with various Swiss cantons, and particularly with Bern. ^ffi.,.tPil Another country, more extensive and populous than the Vala.s effected its emancipation about the same time. This was the highlands of Rlnetia with their sixty valleys, where the Rhine and the Inn have heir source a wild secluded regTon, surrounded and intersected on all sides by the Se t C Tie house of Habsburg, or of Austria, had no pretensions over the country. Its numerous nobles had become indei«=ndent, ho d- ing directly of the empire ; indeed the bishop of Coire, who had great poLssions in the country, was a prince of the empire A "ntury had now elapsed since the Swiss cantons had achieved their mdependence, and theirneighboursof the Rh^tianvalleysstill groaned under theoppres- "on their petty lords, far more overbearing and capricious ban the Aus rian rulers had been in Helvetia. Perched up in their castles, built . on oTy cliffs, they sallied thence like birds of prey scaring the poor sheph rds and cultivators below, and extorting from them the produce of M nsulting the chastity of their daughters, and disposing of the liberty and lives of their sons. The chronicles of Rh«tia record many instaiLs of rapacity and barbarity perpetrated in those remote valleys which have never been surpassed in the most corrup countries, and by the most depraved tyrants. We read of a baron of Vatz, who used to starve his prisoners in his dungeons, and listen with complacency to their moans from his banqueting hall, and who, to try an experiment on the pro- cess of digestion, had three of his servants ripped open some hours after dhiner.* In another place, we find the chatelain of Guardovall send- ing deliberately to demand, for his private pleasures, the young and beautiful daughter of Adam of Camogask, one of his »«";"'='-«" «"'- rage, however, which led to the revolt and emancipation of the fine valley of Engadina. We are told of the governor of Fardun, driving h,s wild colts among the ripe crops of the farmer Chaldar. whom ^e east m chains into a subterranean dungeon for pursmng and killmg the destructive animals. Such is man in every age, and under every clime, when left to the uncontrolled indulgence of his passions over the persons and pro- iiertv of his fellow creatures. ^?he nobles were often at variance with each other. Hartmann. bishop of Coire, unable to defend the scattered domains of his see, au- thorized his vassals to form alliances with the neighbournig co.nmunes and lordships ; accordingly, m 1396. his subjects of the valleys of Dom- lesch" Avers Oberhalbstein, and Bergun, entered into a treaty offen- svea^d defensive, with the powerful counts of Werdenberg lords of sihams and Obervatz. This was the first origin of one of the three feezes or federations of Rhetia, afterwards called the league Caddea. * Miiller, Book ii., chap. 1. \i\ 1 1 I \ 88 HISTORY OF SWITZERLAND. [period III. (Casa De.) or of the house of God, from its being under the bishop's junsdiction The increase of strength thus derived by the prelate, ex- wse IVi""'^ 1,-'" """'' "^ the upper Rhine, who formed like- nX n^' r " ?"'' '''"' '^''" "«%hbours of the free canton of uiaris. But they did not grant any franchise to their vassals as the SrvLeTh"' '/."'' "'""""'' "'^ P^"!^'^ mor^impatient of their 1T,TT' u I n« Just.ce to expect from the courts, nor protection on the h.gh roads, nor security for their persons or properties. Several rfln / .r """"^ "" ''''"'"'' "^ '^^ «°""'^y fo™«d a secret associ- ation for the ]„,rpose of devising a remedy for the evils with which the cited t"o th? ! "^ ""''" resolutions, which thev communi- davll .i ''' ""'""« "^"'■^ '''^'''^^ neighbours. On a fixed ?ord H T""™'' "^^PP^^ ^•>''^''» ^'^"t deputies to their respective Sdtvtlable ?h K ^""""'"=.''' ""'• J'"'''=^ ^"-J ^«<=""'y ^en- uerea mviolable. The barons were taken unawares thev hiH W i diers on whom they could depend. The abbot oeZtn^^J^^JZ i P-ous man who belonged himself to an ancient n tive f m Iv r et "d th ot Kazuns followed his example. Count Ulric of Sav nn» „f,i, powerful feudataries of the Alps, did the same; a te^l' as tl H 'r"" Hugo of Werdenberg, brothe'r to the defender oApL^j t.f" f feated at Nafels by the people of Claris, rejected with scorn the denulies of the communes. In May, 1424, the abbot and all the lords o Urn Rh,-et.a joined the deputies of the various valleys, and of the Ivns Tf an,z and Tusis, in an open field outside of thl village fTrn^nd there forming a circle round a gigantic maple tree, all of them standht nobles, magistrates deputies, and elders, swore, in the name of he I' Trinity, a peri,etual alliance for the maintenance of justice: and the s ct alles'r/V"r""'""K '?"•"■"' '"f""S'"5 <"' '>- righ s of' *'. Th" The baron of Werdenberg-Sargans, who had alone stood aloof in that >."til tl,. .p„ch of the KrS S ?,r "'''.r">- y-" ,•"•-'" i's sl.a.liiig branclus PERIOD III.] HISTORT OF SWITZERLAND. 89 day of iov from his countrymen, soon lost his domains. The cruelty of Sowna'gnts hastened the crisis. His chatelain of Fardun, aftjer havr^ imprisoned Chaldar, as above mentioned, released him upon the payment o^f a large ransom, by the united exertions of the pr^oner s Ss Chaldaf had returned to his cottage; one day when he had jus at down to dinner, with his numerous family round a table >« the midst Tf^vl^rch stood a large bowl of boiling porridge, the dreaded chatelam suddenly entered the room. All rose respectfully to receive h™, when he. 1 ok^S -riily at them, approached the taTjle, and spit •« the mess which w^ to sujply their humble repast. He then 'nsuUmg y told Chaldar to begin his meal. The mountaineer could refrain »o Jonger, he rushed upon the chatelain, and seizing him by the neck Wretch he cried, '• thou alone shalt taste of the dinner thou hast contaminated He then plunged the chatelain's head into the scalding liquid, and held it there until life was extinct. Chaldar. leavmg the deformed body stretched on the floor, rushed out to alarm the country around telling them what he had done, and the provocation he had received. The peo- ple, already ripe for revolt, rose to a man, attacked the casde, which they took and demolished, and the valley of Schams and the Rheinwald were free, and joined the Grey league which was able to protect them against any further attempts of Werdenberg. „ „ , .• The Engadin, one of the finest and largest valleys in all Helvetia, is watered throughout its length, about sixty miles, by the river Inn, an affluent of the Danube, and is separated on one side from Italy and on the other from the rest of the Grisons by two lofty ridges of the Rhffitian Alps. The inhabitants speak the ladin, a dialect of the romantsch language, greatly resembling the Italian*. After the emancipation of the neighbouring valleys, the people of Engadm aspired to the same liberty as their brethren of the Grison league. The brutal insult offered to Theresa of Camogask, which has been noticed above, decided the explosion. Her father, with assumed com- posure told the emissary of the tyrant, that he would himself bring his daughter to the castle next morning in a more becoming attire than she was in at present. Meantime he collected his friends and exhorted them to follow the example of their neighbours. Next morn- ing he led forth his daughter in her best clothes, and, followed by several young men, proceeded to the castle, near which another party had posted themseves in ambuscade. The chatelain came out of the ■'ate, and, seizing the maid from her father's arms, he rudely kissed her lips. At the same moment the father's dagger pierced his heart, and he fell lifeless to the ground. The men of Eugadin rushed into the castle, overpowered the guard, and destroyed the walls. The independ- ence of Engadin was proclaimed, and that fine valley joined the Caddea league. • See in Appendix No. 11. siiecimens of the romantsch and ladin languages- 90 HISTORY OF SWITZERLAND. [period III. PERIOD III.] HISTORY OF SWITZERLAND. 91 .'i ^ Some time after, the count Frederic of Toggenburg, having died without issue, his numerous vassals at Davos. Meyenfeld, and other parts of Eastern Rhaetia, on the borders of the Tyrol, assembled and pro- posed to form a league similar to the other two for their common protec- tion, during the troubles which broke out about the disputed succession of loggenburg. " As soon as the legitimate heir shall be acknowleds^ed " tliey said " we will restore him his inheritance, but our league shall remain for the security of all. None of our countrymen shall be arraigned before foreign judges, no commune shall form an alliance without the consent of all." I„ 1436 they swore fidelity to the leaje wh.ch was called 0/ the Ten jurisdictions. Thus were formed the three leagues of the Gnsons, which have ever since maintained their inde- pence and the.r municipal liberties. Most of the valleys gradually re- deemed the dues they owed to their lords, but by mutual consent and without violence. In 1450 a union, called the Black league, formed of many noblemen who disliked the enfranchisement of the communes, en- deavoured to reduce the communes to subjection, but it was defeated, and many of the nobles lost their lives in a conflict in the valley of hchams. The three leagues now proposed for their mutual supports solemn alliance among themselves, embracing all the Rh^tian valleys. Each commune sent deputies, in 1471, to the village of Vazerol. which stands nearly in the centre of the country, and there a perpetual defen- sive alliance was sworn to between the leagues, and general diets were appomted to be held by turns in each of the three leagues to deliberate on the interests of the whole. If differences should arise between two of the >««g"es. the third was to be umpire, and the decisions of two leagues should be obligatory on the third. But in their internal affairs each league, and even each commune, governed itself according to its own* laws and customs, held its own meetings, and elected its own ma- gistrates; several communes together formed a jurisdiction, having Its courts of civil and criminal justice, and a landamman was elected for a time by the majority of voices; several jurisdictions formed a eague, having its annual diet; and the three leagues together formed the confederation of the Orisons. Their government, like that of the Vala,s, contained a mixture of pure democratic and representative forms su ted to an extensive but mountainous country, where each valley forms a httle world of itself, being secluded from the rest by ice and'snows dunng great part of the year. It was not till 1497, during the" cabled of Suabia, that the Orisons contracted a perpetual alliLe wit the Swiss cantons, which they maintained ever after, forming an im- portant accession to Switzerland, and protecting its eastern frontiers on Austria ^ ' '"'' "' ""^ "''''' '''""'"'°- »f *« h-- "f of S S"" "^ *' ^""' '""f "^ Toggenburg. in 1436, became a source of fatal dissensions among the Swiss. Zurich pretended to the inherit- i \ arice, because the count had been a freeman of that city. But he was also a burgher of the canton of Schwytz. His widow sided with Zurich, but the subjects of the count who inhabited Uznach, Lichtensteg, and other districts of Toggenburg, between the lake of Wallenstadt and the river Thur, sent deputies to their neighbours of Schwytz, and requested to be admitted among its citizens, saying that such had been their master's wish before his death ; and in fact he had himself expressed this inten- tion before the deputies of Schwytz and several other witnesses*. The cantons of Schwytz and Glaris admitted the inhabitants as coburghers, and took possession of Toggen and of the Upper March, of which the count had given them the reversion by a former treaty. Zurich prepared to oppose these arrangements by arms, and seized upon several other dis- tricts. The other cantons interfered, and prevented the explosion for a time, but in 1440 the war broke out between Schwytz and Glaris on one side and Zurich on the other. One condition of the Swiss con- federacy was, that any canton having disputes with another, and refusmg to submit to the direction of arbiters chosen according to the prescribed forms, should be constrained by force. Zurich was in this predicament, having refused to abide by the decisions of the umpires, and she drew upon herself the forces of all the other cantons. Uri and Unterwalden, Lucern, Bern, and Zug all sent their contingents, and Zurich was threatened with an immediate attack, when, perceiving the danger, it submitted to what is called the jus Heheticum, or public law of the confederation. Arbiters were appointed from the five mediating can- tons, whose decision was, that Zurich should restore all it had taken out of the Toggenburg estates, while Schwytz and Glaris were to retain their conquests. Stussi, burgomaster of Zurich, a bold ambitious man, thinking solely on revenge, forgot the sacred ties of his country with the Swiss cantons, and sought the alliance of the hereditary enemy of their common country, Frederic III. of Austria. This prince had been elected emperor of Ger- many, and he aimed at reconquering the Aargau, and the other domains which his house had lost in Switzerland. An alUance offensive and de- fensive between Zurich and Austria was concluded at Vienna in 1442. Frederic soon after repaired to Zurich, when the citizens swore fidelity to the empire, and tearing from their sleeves the white cross, the badge of the Swiss in all their wars, assumed the red cross of Austria. The con- federates were indignant at this conduct; Zurich had broken the fede- ral pact, and in 1443 war was declared by all the cantons against the per- jured republic. The confederates defeated the Zurichers and Austrians in several battles, and took or destroyed many towns and villages. At last they advanced against Zurich in the month of July. The Zurichers came out of the city, and crossing the bridge on the river Sihl, under their * Tschudi, Chroii. of Glaris, torn. ii. pp. 68, 190, 214. ■ / / 92 HISTORY OF SWITZEKLAND. [period III, wal s met the Swiss led by Ital Reding of Schwytz, a man brave and resolute even to ferocity. A desperate battle was fought in the fields near the Sihl close to the ramparts of Zurich. At last the Zunchers gave way. and recrossed in disorder the bridge to re-enter their town. The old burgomaster Stussi alone stood on the bridge, with his battle-a.xe n hand, trying to stop the flight; but a citizen of Zurich, exclaimin. hat he was the mam cause of all this mischief!" ran him through with his spear^ Stussi fell in his heavy armour, and friends and foes passed over h,s body on their way to the gate. Some of the confederates had portcullis and hus saved the city from the horrors of n storming. Tlic in the ? V '". '^: "'^"''' '^°"™'"^'' *>>« greatest devastations in the conntry around, brutally cutting open the body of the burgo- master Stussi. pulled out his heart, and then threw the mangled remains n to the river. The mght was spent by the confederates in drinking and carousing among the bodies of the dying and the dead. Such were the brutahzmg effects of civil war, and so much altered were the Swiss since the days of Morgarten and of Sempach ' Ne.xt year the castle of Greifensee was taken by storm after an obsti- nate resistance. Ital Reding, who led the confederates, ordered the com- mander and the whole garrison to be beheaded by the public executioner. In vain Holzach of Menz.ngen implored the Swiss not to offend their God. not to stain the honour of the confederation, " by so inhuman an act;" Dou-n with them, yy^ the answer of the ferocious soldiers ; head after head fell to the number of si\tv • and thp wnrl- «f i.i„ a , , by the light of torches. ' ^'""'^ ''*' completed 20 00o'Tf' °'''"! TT' ^^^'^^ confederates, to the number of 20,000.1a d siege to Zurich. The emperor Frederic, and his cousin another enemy against the Swiss. They wrote to Charles VII., king of trance, to wliose daughter Sigismund was betrothed, and who haviuL- just concluded a truce with England, was not sorry to employ b;ord the time of peace. These companies were composed of soldiers of fortune of a ;:^::rirTT;'r ^''f "^r'^"'^^''"'' •''""''"'-" ■-p^^Sn:: any restraint. An old chronicler calls them i=VV« BWw/, sons of the Devil They were better kno^ni by the name of Arma,,nacs, bein. the rema ns' of the faetion of that name which had figured in the civil wtrs of ^^""0" The king collected them and sent them first into Alsace and then Ws xf Jprncr * Th^Tr 1 *•' '•^-P'- L^u^aftli J.oui» XI. of France They desolated the countries on the left of the At u ; T:V " ''7''r ''^'' '"•• "' '-'' - '^^ 23V'„f 30 non ^ ^^l T'^" '^' *""' "f Basle to the number of 30,000 men, chiefly cavalry. The citizens of Basle sent one of thel councillors n, great haste to request the assistance of the Swlls agdi::; PERIOD III.] HISTORY OF SWITZERLAND. )3 this formidable irruption. The Swiss detached 1200* men of Bern, Soleure, and the forest cantons, from their camp, before Farnsburg, which place they were then besieging. On the 26th of August this little band met the advanced guard of the Armagnacs at Brattelen, and drove them back beyond the river Birs. The main body of the enemy was posted on the left bank of the river. The Swiss, seeing the bridge of St. Jacob well guarded, threw themselves into the stream and forded it, notwithstanding the fire of the French artillery. Having reached the opposite bank, they cut their way through the numerous ranks of the Armagnacs, with the intention of reaching Basle. The inhabitants of that city, seeing from the summit of their towers the efforts of this band of heroes, made a sortie to join them ; but a body of 8000 horse, whom the dauphin had placed on that side, drove them back into the city. The Swiss were divided: a body of them, sur- rounded in the plain by forces ten times their number, were all slain, after making dreadful havoc among their enemies : they fell in their ranks close to each other. Another party of 500 threw ;themselves into the hospital and chapel of St. Jacob. The gardens of the hospital were surrounded by high walls ; there this handful of Swiss, hemmed in by a whole army, stood, determined to sell their lives dearly. Three times they repelled the attack, twice they sallied out like lions against the close ranks of their enemies ; at last the walls were battered down by cannon, and the French cavaliers, having dismounted, entered the breach ; yet the Swiss still opposed a desperate resistance. The hos- pital and the chapel took fire, and the surviving confederates were smothered among the ruins. Out of 1200 Swiss, who fought on that dav, ten alone escaped by flight, and these were shunned and driven away with scorn in every part of Switzerland, for not having shared the fate of their comrades. The fight lasted ten hours. Thousands of men and horses of the Armagnacs strewed the field of battle. The dauphin was dismayed at the sight of his own loss ; and, hearing that the whole confederate army was moving against him from the camp before Zurich, he thought it prudent not to attempt to proceed any farther, after such a specimen as he had witnessed of Swiss intrepidity. Eneas Silvius Piccolomini, afterwards pope Pius II., who happened to be at Basle at the time, mentions in his epistles several circumstances of that memo- rable combat. He says the Swiss,, having emptied their quivers, snatched out of their wounds the arrows of their enemies, and shot them back. Burkardt Monch, a nobleman bitterly hostile to the Swiss, who served in the ranks of the dauphin, as he was walking in the evening among the bodies of the dead Swiss, and observing the streams of blood which drenched the ground, exclaimed, " Now am I * Some historians say 1500, but the calculation of the dead and wounded found on the field of battle seems to correspond with the lesser number, ^ 94 HISTORY OF SWITZERLAND. [period III. <--^ I \ bathing among roses." Arnold Schilk of Uri, who was lying near wounded, overheard him, and picking „p a large stone, flnng it with s.ich force at the inhuman boaster that he fell dead to the ground Two days after the battle, the dauphin granted a safe-conduct to the citizens of Basle, that they might bury the dead and carry awav the wounded : 1158 Swiss were found dead, and 32 wounded. The' dau- phin withdrew his army, and signed a peace with the cantons and with Basle in the following October. Struck with admiration at the bravery of the Swiss, he even sought their alUance, and this was the origin of the long friendship and connexion between the French kings and the Helvetic body. ° The war against Zurich and its allies continued the whole of the fol- lowng year ; several parties of Austrian troops were defeated by the Swiss, who took the town of Rheinfelden. At length, in 1446, several 01 the German electors and the bishop of Basle interposed, and a peace was concluded on these conditions: that Zurich should renounce its alliance with Austria, and return again to that of the Swiss cantons ; that the coiiquered districts should be restored on both sides, with the exception of PfeiBkon and Wolran, which remained to Schwytz. The Toggenburg, the cause of all this war, was left in the possession of the lord of Raron a relative of the late count*, and both he and his subjects remained co-burghers of the cantons of Schwytz and Claris. Tlie alli- ance of Basle with the cantons was confirmed. This unnatural war cost the Zurichers more than a million of florins. But the differences between the cantons and Austria were not vet settled. The vassals and partisans of the latter power in Switzerland continued to make incursions on the lands of the confederates. They pillaged Rhemfelden; they surprised Bmgg by night, and slaughtered us inhabitants, or carried them away and obliged them to pay a hi-^h ransom ; Aarau was partly burnt. John, lord of Falkenstein, distin- gmshed himself m this predatory warfare. On the other hand, the Swiss burn many of their castles The town of Freyburg remained faithful to he house of Austria, although now become quite insulated in the mids of hostile Slates. But the dukes of Austria did not reward the fidehty of IS citizens ; on the contrary they burdened them with fresh taxes, and its governors acted in an arbitrary manner by deposing the avoyers and council. This conduct alienated the hearts of ^the Fr y- Trftl ' ° ^:Z ^^ "'' ^''y- '^''^ ''"'^^ of Austria, despairing iart o7r^ If f'' taking possession, by a stratagem, of the best part of the burghers' plate. The citizens, preferring the domination of iibtot^of sTaall^Tt ~±Z' rl? *^«',"">'«y »^T°*'g*°t'"g' " '468, to Ulrich, century. remained subject to the abbey till the end of the eighteenth • • - PERIOD III.] HISTORY OF SWITZERLAND. 95 Savoy to that of Bern, which had long had views upon their country, submitted to the foftner power in 1452, and swore fidelity to the duke of Savoy, who guaranteed to them their ancient privileges. The only possessions remaining now to the house of Austria in Swit- zerland were the county of Rapperschwyl, the town of Winterthur, and the landgravate of Thurgau ; and these were lost soon after. Rapper- schwyl gave itself voluntarily to the three forest cantons and that of Glaris. Duke Sigismund of Austria, upon this, treated the four cantons as enemies. But Sigismund himself, happening to have disputes with the pope, was excommunicated, and the pope called upon the Swiss to seize on>is domains. The confederates were not slow in obeying the call. In 1460 they entered the fine province of Thurgau, which ex- tends from the frontiers of Zurich to the lake of Constance, and consists of gentle hills and plains, fruitful in corn, flax, and wine, and watered by the river Thur. They encountered no opposition ; the town of Dies- senhofen alone defended its allegiance to Austria, but was obliged to capitulate, retaining its privileges as a little republic, under the protec- tion of the cantons. All the rest of Thurgau was taken possession of as a conquered country, the cantons assuming the rights which the house of Austria had till then exercised over it (as they had done with the Aargau about half a century before). Each of the eight old cantons by turns appointed the bailiff, who resided at Frauenfeld, and who was changed every two years. This order of things continued till the end of the 1 8th century. I In 1467, duke Sigismund mortgaged Wintherthur, his last remaining possession, to the citizens of Zurich, to whom it was finally' given up ten years after. And here was the end of the power of the house of Habsburg in Helvetia. When in the following century Charles V., the haughty representative of that family, was raised to the thrones of Ger- many, Spain, Italy, and "the Indies," when it became a proud boast of his courtiers that " the sun never set on his dominions," at that very period the house of Austria had lost every acre of its^ old patrimonial estates; the castle of Habsburg itself having passed into the hands of strangers*. ^: Mulhausen, an imperial town in Alsace, finding itself annoyed by the neighbouring nobility, contracted an alliance with the Swiss cantons, which it maintained for centuries after. This, however, led to a fresh quarrel with Sigismund. The banks of the Rhine, from Schaff- hausen to Basle, were again the scene of a desultory though destructive warfare, in which, however, the Austrians were worsted. At last a peace was concluded in 1468, Sigismund then making a solemn cession in favour of the cantons of all his rights over Thurgau, and paying them * The solitary tower of Habsburg is now inhabited by a family of Argovian pea- sants ; the outer walls of the castle, which remain standing, enclose a sort of farm- yard. 96 HISTORY OF SWITZERLAND. [period III. 10,000 florins towards the expenses of the war. But resentment st.ll rankled m his heart, and he thought of raising against the Swiss a new and formidable enemy. He repaired to the court of Charles, duke of Burgundy, and mortgaged to him the districts of Suntgau, Brisgau part of Alsace, and the four forest towns, over which Charles appointed as governor Peter of Hagenbach, a declared enemy of the Sw^ss, who encouraged his subalterns in every species of vexation against the citi- zens of the cantons and their allies. Charles the rash, as he has been styled,* was perhaps the most powerfu pnnce of his time in Christian Europe. His dominions extended from the Jura and the banks of the Rhine to the sea of Holland. Tranche Comte, Burgundy, Alsace, Lorraine, Picardv, Flan- ders, were subject to his sway. He had driven Ren,?, duke of Lorraine from his territory, and had threatened Louis XI. under the very walls of Pans. Brave and skilful in war as well as in afl^airs of state, but irritable and impatient of contradiction, he became through the violence of h,s temper the cause of his own ruin. He saw with an evil eve the prosperity and growing importance of the Swiss commonwealths in his neighbourhood, and paying no attention to the remonstrances of the Swiss cantons, and especially of Bern, against the vexations of his ..o- vemors, he treated with insolent contempt a solemn deputation sent°to him by the Bernese senate. Louis XI., a bad but shrewd monarch, watched with satisfaction the approaching rupture between his bitterest enemy and the Swiss, whose valour his experience enabled him to esti- mate. He flattered the cantons, sent gold chains to their leading coun- cillors,-for the Swiss republicans had become sensible of the value of presents.-and at last concluded an alliance with them in 1474, bv which he promised each of the eight cantons 2000 francs a year, besidel 20 000 guilders for the expenses of the war. The emperor Frederic II . was not on good terms with Charles, whose request to constitute Burgundy and Belgium mto a kingdom the emperor had refused Sigismund of Austria had been disappointed in his hope of marrying Mary, Charles s daughter and repented of having pledged to him^ sf many fine districts, whose inhabitants were cruellv nersccufi-H hv h7 bach Charles's bailiff. Sigismund offered to rlrtCbu btfr^^^ posal being peremptorily rejected, at the instigation of the kin^^ of France he concluded a treaty with the cantons, which was styled^he t^redUaryunton wUh the lu^usc o/^«.Wa, by whicli the latter ack now- edged and guaranteed for ever the actual possessions of the SwTss L the can ons on their side guaranteed Sigismund's dominions. Charles, having had information of these negotiations, sent messen- called the hardi. U. de Baran e ha, [T^ H ' ''i°S«f *"•»■'«. t" his son Philip, the second house of Burgundy. ««<>lly.ipubl.shed/an excellent, history oS PERIOD III.] HISTORY OF SWITZERLAND. 97 gers to the cantons to say that he wished to remain at peace with them, that he would make inquiries about the conduct of his own bailiffs, and of Hagenbach in particular, and would prevent any future annoyance being offered to the cantons, as he had taken in mortgage the districts on the Rhine from Sigismund of Austria, at the personal request of the latter, and not with any hostile views against the Swiss. The cantons of the Waldstiitten, as well as Luzcrn and Zug, received the declaration of Charles's ambassadors with every mark of gratitude and friendship for the duke. But Bern and Soleure, who had suffered most from the duke's agents, were not so easily satisfied. They complained chiefly of Hagenbach, and of the continual vexations he offered to their allies of the cities of Basle, Strasburg, and Mulhausen. It is evident that Charles was only endeavouring to gain time *, in order to complete his preparations of war. Hagenbach, knowing his master's dispositions, redoubled his acts of oppression. He styled the burghers of the free towns villains, and one of his familiar expressions was, " By heaven, you villains, we will make you pass under the yoke." But having en- tered, with a small retinue, tlie town of Brisach, near Basle, to effect some new act of violence, the inhabitants took him prisoner. Sigis- mund assembled a criminal court in May, 1474, to try him, at which deputies from the Swiss cantons of Bern, Soleure, and Luzern attended. Hagenbach was condemned to death and beheaded f. Charles, irritated by the news of the death of his favourite, declared war aaainst the duke of Austria. He wished at the same time to lull the cantons, to prevent them from assisting Sigismund. But deputies of the towns of Alsace, which were in alliance with the Swiss, came to demand protection from the confederation ; and a diet was accordingly assembled at Luzern in August, and Bern, whose councils were then directed by the avoyer Diesbach, an eloquent and enterprising old man, who had succeeded in removing from the government Hadrian of Buben- berg, and others who were favourable to Burgundy, succeeded in pre- vailing on the diet to declare war against Charles. The troops of the confederation began the campaign in October with 18,000 men, and, crossing the Jura, took Pontarlier and other places. They invaded at the same time the Pays de Vaud, whose nobility had sided with Charles, and took possession of Grandson, Orbe, and Morat, and committed great devastations in those districts. The duchess of Savoy, notwithstanding her promise to remain neutral, allowed her vassals, and among others her relative James of Savoy, baron of Vaud, to recruit troops for the service of Charles. The troops of Bern and Soleure overran the whole district, to the banks of the Leman lake, as far as Geneva. The Va- laisans, on their side, took possession of St. Maurice, which formed part * Memoires dcCommines, t. iv. p. 392. •f- This tragical event forms a striking episode of oue of Sir Walter Scott's novels, *< Anne of Geierstein." ^^^ 98 HI55TORT OF SWITZERLAND. [period III. of the Chablais, a province of Savoy. Charles, meantime, having made his peace with the king of France, and also with the emperor, in 1475, turned all his vengeance against the league of the cantons and the free towns. He crossed the Jura with an army of 60,000 men early in the year 1476, and began the siege of Grandson, where the Swiss had placed a small garrison. The Swiss defended themselves bravely against the reiterated attacks of the Burgundian troops. Charles, irritated at having lost ten days before tjiis insignificant fortress, threatened to hang all the Swiss that were in the place. The commander and some of his men, seeing no prospect of being relieved, became intimidated, and they listened readily to the suggestions of a Burgundian knight, who pro- mised them, on the part of the duke, a safe conduct, if they gave up the place. The gaiTJson accepted the offer, made a present of 100 florins to the mediator, and came out. But the duke had them seized, stripped of their clothes, and some hanged on the trees, and the rest drowned in the lake, to the number of 450 men. The duke was instigated to this act of cruelty by the count of Romont and several other noblemen of the country around, who had a grudge against the Swiss. Horror and rage seized the confederates, who had assembled at Neuchatel, at the news of this atrocious deed : thev marched immediatelv, to the number of 20,000, upon Grandson. Their advanced guard, composed of the men of Schwytz and of the mountaineers of the Bernese Oberland, issued at break of day of the 3rd March, 1476, from among the vineyards near the banks of the lake, and in sight of Grandson. Charles Jiurried out of his entrenched camp, with only part of his army, to attack the Swiss. The troops of Bern, Friburg, Soleure, and Schwytz, who were in ad- vance of tlie rest, knelt down, according to their custom, to implore the favour of Heaven for their cause. Charles's soldiers imagined that they were begging for mercy, and they sent forth shouts of triumph. But Ihey were soon undeceived. The Swiss formed themselves into a square, having the spearmen in the first rank. The cavalry of Burgundy charged them repeatedly, but without effect ; and at the third charge their com- mander, the lord of Chateauguion, was killed, with many other noble- men. At the same time another body of the confederates appeared on the hills, their arms shining in the noonday sun. The banners of Zu- rich and Schaff hausen were seen, and the horns of Uri and Unterwalden sounded the charge. Duke Charles, who had fancied that the main body of the Swiss consisted of the square battalion before him,'' inquired what new troops those were on the hill? " They are the men before whom Austria has fled,'* answered the baron of Stein. "Woe to us then I " cried Charles ; " a handful of men has kept us at bay till now, what will become of us when the rest join them ? " and he ordered his advanced guard to fall back on the main body of his army. The van- guard, mistaking this movement for a flight, ran in confusion towards their camp. The Swiss followed them close, and drove them ** like a PERIOD III.] HISTORY OF SWITZERLAND. 99 herd of cattle " (to use the words of Muralt, who was present) as far as Montagny. They then took possession of the camp, in which they found more than a million of florins, in precious -metals and other valu- ables*, for Charles was fond of pomp and luxury. More than 3000 women were in the train of his army. The loss of the Burgundians in men, however, was not very great, and Charles soon collected his army again ; while the confederates, as usual with them, seeing no enemy in the field, retraced their steps homewards. Before they separated, how- ever, the Swiss dubbed as knights, on the field of battle, several gentle- men who had distinguished themselves in the combat, among others Roll of Bonstetten, baron of Usteri ; Felix Schwarzmaurer ; John of Breitenlandenberg, of Zurich; John of Halweil; John Frederic of Mulinen, of Bern ; and John Schlierback of Basle. In the month of May the duke of Burgundy advanced again by Lau- sanne towards Morat, which place was defended by Bubenberg of Bern, with a garrison of 1500 men. Bubenberg was determmed to avoid a repetition of the catastrophe of Grandson. He administered an oath to his soldiers that they would run through the body any one, without distinction of rank, who should exhibit any sign of pusillanimity or irresolution. Morat was battered and a breach effected, but at the assault the troops of Burgundy were repulsed. The confederates, meantime, hastily reassembled their contingents and those of their allies, which when united formed altogether an army of 30,000 in- fantry and 4000 cavalry, about one half the number of the duke's forces. Many noblemen of high rank joined the Swiss, among others the count of Gruyere, Rene duke of Lorraine, count Oettinger of Strasburg, and count Thierstein, with a party of Austrian gen- darmes. SchafTliausen, Basle, St. Gall, and Sargans sent their con- tingents by forced marches. John Waldmann, with 5000 men from Zurich, entered Bern in the evening before the battle: the streets of the city were lighted up, and tables were spread before the houses with refreshments for the soldiers. After a short rest, the Zurichers con- tinued their march towards Morat. Next morning, 22d June, the anniversary of the victory of Laupen, the Swiss came in sight of the enemy's camp. Duke Charles had drawn his army in long lines from the shores of the lake of Morat to the hills on his right. The sky was overcast and the rain fell in torrents. The Swiss, on arriving in presence of the enemy, halted and knelt down to pray. At this moment the sun broke out from behind a cloud. John of Halweil, who commanded the advanced guard, waved his sword, crying out, " Confederates, God sends us the sun to shine on our victory!" It was now noon, and the duke, thinking * The laro-e diamond of the duke was found hv a Swiss soldier, who, beino^ unac- quainted with its vakie, sold it for a few florins to a priest. After passiiig through several hands, it was purchased by some Genoese merchants for 7000 florins, and sold to pope Julius II. for 20,000 ducats. It became the principal ornament of the papal triple crown. h2 me- loo HISTORY OF SWITZERLAND. [PEHIOI) III. HISTORY OF SWITZERLAND. 101 the Swiss had no intention of fighting on that day, ordered his troops back to the camp. As soon as this movement began, the confederates advanced upon the retiring battalions, and having taken some of the duke's cannon they turned them against his own men. Halwyl, with the left of the Swiss, turned the flank of the Burgundians, while Buben- berg detached 600 men of his garrison for the same purpose on the oppo- site side, and the main body of tlie Swiss, under general Hertter, advanced in good order, and pressed the enemy in front. The fight now became general, the duke's troops, taken between two fires, gave w*ay and fled in confusion. They were pursued by the cavalry as far as Avenches. The slaughter of the Burgundians was dreadful; the war cry of the Swiss was Grandson! and it excited their reveiige. The duke, seeing that all was lost, galloped off the field, followed only by thirty horsemen, and did not stop till he arrived at Morges, fourteen leagues distance from Morat. Fifteen thousand of his men lav dead on the field of battle, and above 10,000 found their death in the waters of the lake. The tents, baggage, and equipages of the duke fell into the hands of the con- querors*. The Swiss, joined by the count of Gruyere, took Moudon, Lausanne, and other places belonging to the house of Savoy, whose vassals had joined Charles in the contest. Louis XI. of France, who was allied to that family by marriage, sent deputies to mediate between it and tlie confederates. A congress was held at Freyburg, at which the envoys of France, those of Sigismund of Austria, of the duchess of Savoy, and of the Swiss cantons, as well as Rene of Lorraine, the count of Gruvere, and the bishops of Geneva and Strasburg were present. It was agreed that the Pay ft de Vaiid should be restored to the house of Savoy in per- petuity, upon the latter paying 50,000 florins to the confederates. Morat, Grandson, and some other districts were given up to Bern and Friburg. Geneva, on account of the hostility it had shown against the Swiss during the war, was to pay 24,000 florins. The following year, 1477, Jolande, duchess of Savoy, renounced her rights on Freyburg, on condition that the city should cancel a debt of 10,000 florins owing to it by Savoy. Freyburg again became a free town allied to Bern, and re- sumed the imperial eagle on its banners. A deputation was sent by the Swiss to Louis XT. to receive payment of 24,000 florins which that monarch had promised the cantons as a subsidy towards the expenses of the war. The king received the depu- ties with great distinction, and paid the sum, which was equally divided between the cantons. Hadrian of Bubenberg, the defender of Morat, received also a considerable present from Louis. Charles of Burgundy, ever restless and ambitious, laid siege to the * The chapel which was raised on the spot, and where the scattered bones of the Burgundians were collected, was destroyed in the French invasion of 1798. A pyramid has since replaced it, by the side of the high road from Bern to Lausanne. PERIOD III.] town of Nancy in Lorraine, in October, 1476. Rene duke of Lorraine, demanded in person assistance of the sovereign council of Bern. After some difficulties, Rene was allowed to enlist as many Swiss as he could. He collected 8000, under the orders of John Waldmann of Zurich ; these men set out from Basle towards the end of December, 1476, during a most severe winter, and they mainly contributed to the victory which Rene gained before Nancy on the 5th January, 1477, in which Charles of Burgiuidy, being betrayed by the count Campobasso, who went over to the enemy, again lost the day, and was killed by his pursuers in a marsh while trying to escape. Thus ended the war of Burgundy, one of the most glorious as well as the most just in which the Swiss were ever en- gaged. After Charles's death, the states of Upper Burgundy, called also Franche Comte, sent deputies, with the bishop of Besan^on at their head, to Bern to propose alliance with the cantons, or, if more expedient, their incorporation with the Swiss confederation, with the guarantee of their privileges and liberties. The Bernese were for. the union, " the Vosges," said they, " will then be our rampart against France." The other can- tons, especially the mountain ones, feared a too great extension of the confederation ; they felt already jealous of the power of Bern, and of the other town cantons ; they were alarmed at the idea of finding themselves thereby involved in foreign wars. The offbr was, therefore, rejected, but a perpetual peace was offered to Franche Comte, on the condition of payment by the latter of 150,000 florins. The states of Franche Comtt^ could not raise this sum. Louis XL, who coveted that fine province, off"ered to pay the Swiss the same amount, if they would not oppose him in its conquest. At the same time Maximilian, archduke of Austria, son of the emperor Frederic, having married Mary, Charles's only daughter, claimed Franche Comte as her inheritance. The cantons re- solved to maintain neutrality, but they could not prevent their men from enlisting on either side. The passion for military adventure, and for the gain arising from it, had made a fatal progress among the once simple Swiss. The country was full of young men who had lost in war the relish for domestic life and honest labour. Louis XL en- couraged this propensity by flattery and presents. He gave pensions to the gentlemen, magistrates, and other persons of influence in the country, who were not ashamed to recruit for him. The historian Philip de Commines foresaw the evil results of these practices to the Swiss themselves. '' They," he writes in his Memoirs, " have become so fond of money, especially of gold pieces, to which they were little accustomed before, that they are now ever on the point of quarrelling among them- selves, and this may lead to their ruin." The cantons forbade recruiting under severe penalties, but it was too late. At last, in 1479, they yielded to Louis XL, notwithstanding the remonstrances of the arch- duke of Austria, and gave up to him Franche Comte, for th^ sum of 102 HISTORY OF SWITZERLAND. [period III. PERIOD III.] HISTORY OF SWITZERLAND, 103 II I: 200,000 florins. They also made a treaty of alliance with him, by which Freyburg and Soleure gave him a subsidiary force of 6,000 men. But the number of adventurers in Switzerland had become so great, that they could not all find employment in foreign service. Bands of idle and dissipated young men went about the country armed, living merrily as long as their share of the booty made in the war of Burgundy lasted, and afterwards proceeded to Bern, Freyburg, and Geneva, to ask for more, saying they had been defrauded of their full due. They, however, com- mitted no excesses, but Geneva and Lausanne were obliged to pay them part of what they claimed, and at last they dispersed. Disorders broke out in another quarter. In the year 1478 some young men of Uri had an affray with the Milanese traders in the Yal Levantina, and illtreated the inhabitants of the villages on the frontier. Upon this the duchess Sforza, regent of Milan, dispatched a force to that quarter. The canton of Uri took the part of the youths, and asked assistance from the confede- rates, who granted it with reluctance. The advanced guard of the Swiss, consisting of 600 men, encountered the Italian forces, several thousands in number, near the village of Giornico. It was at the end of December, 1478. The Swiss opened the sluices of the river Ticino, and made it overflow the slope of the hill on which they stood ; and the short turf was immediately covered with a crust of ice. They were themselves fur- nished with ice shoes garnished with iron spikes, by means of which they descended sure footed against the Italians, who were labouring up the slippery hill in disordered ranks. Theilig, a warrior of Luzern, rushed among them sword in hand, a dreadful slaughter ensued, and the Milanese army fled in confusion as far as Bellinzona, before a few hun- dred men. The duchess of Milan, struck with this extraordinary feat, made peace by giving up certain districts to the canton of Uri, on condi- tion that the latter should send every year to the cathedral of Milan a wax torch of three pounds weight. Freyburg and Soleure had fought faithfully and valiantly for the con- federates in all their late wars; they requested in 1481 to be admitted as cantons in the confederation, and Bern warmly supported their re- quest. But the mountaineers of the forest cantons objected to it; their jealousy of the growing power and wealth of the town cantons' made them dread to increase their number, lest they should at last gain the ascendancy over the whole confederation. The town cantons, on their side, whose form of government was aristocratic, and who held nume- rous dependent districts in the country, which they had either conquered or purchased, supported each other in their policy, fearing that the example of the democratic institutions of the small cantons might some day induce their own subjects to revolt. A conspiracy which was dis- covered at Luzern confirmed the fears of the town cantons. Peter Amstalden, a warrior peasant of Entlibuch, a district subject to Luzern, had suffered grievances from the bailiff sent by that state, and he resolved, with his friends and some men from Unterwalden, to destroy the government of Luzern itself. On the day of St. Leodegar, the con- spirators were to seize and kill the avoyer, the members of the council, and 100 men of the principal families; the walls and towers of Lu- zern were to be razed, so as to leave it an open town, and the Entlibuch was to become an independent republic. Some incautious expressions of Amstalden disclosed the secret. He was tried, confessed all, and was beheaded. i i ^ c?^ A -eneral congress of all the confederates was convoked at btanz m the Unterwalden in 1481, to regulate, among other things, the fair distri- bution of the Burgundian plunder, and to decide on the admission of Frevburff and Soleure. The deputies of the forest cantons broke out in violent upbraidings and threatening against the towns, the latter, and Luzern in particular, complained bitterly of the encouragement given by the forest cantons to the dissatisfied peasantry; from recriminations the deputies were on the point of coming to blows. The confederation was threatened with dissolution. There lived at that time, in the solitudes of Obwalden, a pious hermit, called Nicholas Loevenbrugger, but known by the name of Nicholas von Flue, from a rock near which his dwelling stood He had fought in his youth, in the war of Thurgau, and had made himself conspicuous by his bravery and humanity. Having returned home, he took an aversion to all worldly things, and determmed to con- secrate the remainder of his life to prayer and meditation. One day he took leave of his assembled relatives, and embracing, for the last time, his wife by whom he had had ten children, he left her the whole possession of his patrimonial estate, and assuming the coarse garb of a hermit, took up his lonely abode in a cell on a mountain, with bare boards for his bed, and there spent his life amid fasting and prayer. Once a month only was he seen when he went to receive the sacrament at church. He had lived many years in this manner, and the reputation of his sanctity was great in the whole Waldstatten. The report of the fatal discord arisen among the confederates penetrated into his cell, and feeling the heart of a citizen again throb in his bosom, he quitted his solitude, and, repairmg to Stanz, suddenly appeared in the hall where the angry confederates were assembled. His tall emaciated form, his mild and, though pale, still handsome countenance, beaming with peace and charity towards all men, struck awe among the rude debaters. They all rose instmctively at his entrance. He spoke to them words of concord, and, assuming the dignity of an apostle of truth, he entreated them in the name of that God who had so often granted victory to the generous efforts of their fathers and forefathers, when fighting in a just cause, and who had blessed their country with independence, not to risk now all the blessings they en- ioved by a vile covetousness or a mad ambition, not to let the fair fame oUhe confederation be stained by the report of their intestine broils, «< You towns," added he, " renounce partial alliances among yourselves, 104 HISTORY OF SWITZERLAND. [period III. HISTORY OF SWITZERLAND. 105 which excite the jealousy and suspicion of your elder confederates ; and you people of the VValdstatten, remember the days in which Freyburg and Soleure fought by your side, and receive them in your common bond of alliance. But confederates all," added he, "f/o jwt widen too much the hedge which encloses you; do not mix in foreign quarrels ; do not listen to mtngue, or accept the price of bribery and treachery against your common land." This simple but pathetic appeal of a man who seemed hardly to belong to this world, and wlio had no personal interest to gratify, except the love of his countrymen, made a deep impression on the assembly. In one hour all their difterences were settled. That same day (22d December, 1481), Soleure and Freyburg were received into the Swiss confederation, under the conditions that they should not engage in any war or form any alliance without the consent of the eight old cantons, and that they should submit to the arbitration of the latter in case of dis]mtes arising between them and another canton. After this, the as- sembly proceeded to frame a convention upon other debateable matters, about which it also requested the advice of Nicholas of Flue. This was' called the Convention of Stanz. It was agreed, I. That each canton shall punish severely those of its citizens or subjects who commit hostilities against another canton. 2. That any canton unjustly attacked shall be assisted by the others. 3. In case of a revolt against the government of one of the cantons, the others are not to encourage the discontented, but, on the contrary, unite for the purpose of restoring peace and obedience to the laws. 4. Not to allow any assemblies contrary to the laws. 5. That all offences shall be tried by the judge of the place where they have been committed. The former regulations, such as the Pfaffenbrief* of 1370, and the Sempacher Brief of 1393, were confirmed, and an equi- table system was determined on by which future conquests or booty made by the confederates should be distributed ; namely, that alt the moveables should be equally divided in proportion to the men of all the cantons who shall form part of the expedition, and that the lands and other immoveables should be shared equally among the old cantons. These terms being agreed upon and sworn to, Nicholas von Flue re- turned to bury himself in his solitary cell, and every deputy repaired to his respective canton. Rejoicings were made all over the country, and the bells of every church, from the Jura to the Alps, announced the joyful tidings of peace. After the death of Louis XL, Charles VII L, who succeeded him, re- newed the alhance with the Swiss cantons, one of the conditions being the faculty of recruiting among them, in exchange for subsidies paid by France to the Swiss. The friendship of the confederates was now courted by most sovereigns ; the pope, the house of Austria, the duke of Milan, and even Mathias, king of Hungary, made treaties with the Swiss. Vo- lunteers enlisted, sometimes with, at others without, the consent of the * Seepages 65 and 73, PERIOD III.] cantons, into the service of foreign powers, especially during the Italian wars which raged at that period, for the possession of the Milanese and the kingdom of Naples. Nor was this the only proof of the growing importance of the Swiss ; the cantons offered to mediate for the termina- tion of the differences between Charles VIII of France, andMaximilian of Austria, king of the Romans ; and their mediation being acceptedled to the peace of Senlis, in May, 1493, between those two princes, by which the county of Upper Burgundy was ceded to Maximilian. Charles VIII. being next at war with Ludovico Sforza, who had usurped the duchy of Milan, offered to the Swiss the districts of Bellinzona, Locarno, and Lawis or Lugano *, south of the Alps, if they would assist him in the conquest of the Milanese. The cantons accepted the offer, with the ex- ception of Bern, which preserved a strict neutrality, and no less than 20,000 men were raised for the French army in Italy. This conduct of Bern excited fresh jealousies between that republic and the popular cantons, who were attached to France, which showered pensions and bribes among those once poor and simple mountaineers. But a common danger came in time to unite the Swiss for their common defence. Maximilian succeeded in 1495, by the death of his father, Frederic III., to the imperial throne. After his elevation, he convoked a general diet, and he established at Worms a court styled the Imperial Chamber, before which all the civil affairs of the empire were to be laid, and which was to be supported by contributions from all the members of the empire. A subsidy was also ordered to be raised of the hundredth penny, for the sake of defraying the expenses of the war against the Turks. Maximi- lian communicated these ordinances to the Swiss diet assembled at Zurich in 1496, and ordered the cantons, as members of the empire, to conform to it. The emperor required them likewise to join the great Suabian league, of which he made himself the head, and which had been formed in order to settle intestine differences, and he commanded them to furnish him a contingent of troops. The Swiss, in all their wars agaiiist the dukes of Austria and the emperor of the same family, had never renounced their allegiance to the German empire, however ill de- fined and problematic that allegiance had become. It was now Maximi- lian's object to make of Switzerland a circle of the empire, as he had done with Burgundy. Most of the cantons replied to Maximilian's am- bassadors, that their alliance with France did not allow them to enter into any engagement which might militate against the interests of that power, and that the Swiss having achieved their independence, hoped to be left undisturbed in possession of it. The pope's legate threatened excommunication against the cantons who still held by their French alli- * These districts, after being for centuries subject to the Swiss, now form the can- ton of Ticiro, the only Italian canton of Switzerland { 106 HISTORY OF SWITZERLAND. [period III. ance, and the emperor summoned several of the allies of the confedera- tion before the Imperial Chamber. The town of St. Gall was put to the ban of the empire. Maximilian having inherited, by the death of his cousin Sigismund, in 1497, the dominions of Austria, applied to the can- tons for the renewal of the " hereditarv union," and demanded likewise that the Swiss would not favour the views of Louis XII., who had suc- ceeded Charles VIII., upon the Milanese. The cantons, in reply, in- sistetl, as a preliminary step, on the redress of the grievances of their allies, and especially of St. Gall, before they listened to further proposals. Maximilian said to the Swiss deputies, who had attended him to Inspruck in the Tyrol, "You are rebels to the empire, and will oblige me at last to pay you a visit in person, sword in hand." Nought dismayed at this threat, the deputies replied that " they humbly begged his imperial ma- jesty would abstain from such a visit, as the Sv/iss were rude-fashioned men who had not yet learnt the respect due to crowned heads." Hostilities broke out first on the side of the Orisons. The Austrian regency in the Tyrol regarded with ill will those newly risen common- wealths on its frontiers, and some border feuds between the two countries kindled the flame. The Tyrolcse made an attempt to surprise the con- vent of Munsterthal in January, 1499, but were repulsed by the inhabi- tants. The Grisons upon this demanded assistance from the cantons. ^Meantime the troops of the Suabian league, on their side, took Mezen- feld by force, in the month of February, and put the Grison garrison to the sword. But the Swiss having joined their allies, retook Mezenfeld and the strong pass of Luciensteg, the key of the Grison country. The troops of Bern, Freyburg, Soleure, Zurich, and SchafFhausen, entered the field against the Suabian league, ravaged the Hegeu, and formed a fortified camp at Schwaderloch, in a forest near the imperial town of Constance. But the principal scene of action was on the upper Rhine towards Bregentz, where 10,000 Germans were encamped; these the Swiss and the Grisons attacked and put to flight with great loss. Louis XII. of France was not slow in turning to his advantage this quarrel of the Swiss with his rival Maximilian, who thwarted his views on the side of Italy. Louis sent ambassadors to Zurich, and concluded with the Swiss an alliance defensive and offensive, in which the amount of pensions and subsidies to be paid by France was stipulated. The cantons were deficient in artillery, and the king promised to supply them. Meanwhile, the war was carried on with unabated vigour on the upper Rhine. The Suabians and Tyrolese had entrenched themselves in a strong position at Frastenz, near the river 111, from which they made in- cursions across the Rhine into the land of the abbot of St. Gall, and other allies of the Swiss. The confederates, having collected their forces, drove back the enemy, and crossing the Rhine in their turn, determined to force the German camp, under the command of Henry Wolleb of Uri. They dislodged the enemy from their redoubts, and notwithstanding PERIOD III.] HISTORY OF SWITZERLAND. 101 a formidable fire of artillery, which the Swiss avoided by lying down at each discharge, they stormed the entrenchments sword in hand, and completely routed the Germans, taking possession of the camp and of all it contained, including many pieces of artillery. The Suabians lost more than 4000 men in this affair. The emperor Maximilian was at that time engaged in the Netherlands, warring with coifnt Egmont, about the possession of Guelderland. The Suabian league, alarmed at the successes of the Swiss, applied to him for assistance. He made a truce with Egmont, and arrived in April at Freyburg in Brisgau with 6000 men Thence he issued a manifesto against the Swiss, in which he upbraided them in the strongest terms, calling them rebels to the empire, enume- rating all the noble families which he said had been stripped by them of their patrimonial estates, and never considering that most of those families had brought their misfortunes upon themselves by their own injustice and oppression, whilst others had deliberately sold their rights to the Swiss. He concluded by inviting all the members of the empire to join their forces, in order to destroy these rebel boors. This manifesto produced but little effect in Germany, the great princes of the empire looking upon the quarrel as a personal one of Maximilian, provoked by him on slight grounds, a fact which his own state councillor, Birkheimer, in his account De bello Helvetico, acknowledges. The Swiss meantime pursued the war, from their camp at Schwaderloch ; they defeated 8000 Suabians who had entered Thurgau ; they then crossed the Rhine, devastated the Kletgau, and took the town of Thungen, sparing the garrison nothing but their lives, and making them file off in their shirts through their camp, each soldier bearing a white wand in his hand. The noblemen they kept prisoners for the sake of ransom. They also took several castles, in one of which was the baron of Roseneck, an inveterate enemy of the Swiss, who was consequently excepted by them from the capitulation by which the garrison had their lives granted to them, together with whatever they could carry on their persons. The baron's lady, abandoning all her valuables, came out bearing her husband on her shoulders ; and so touched were the Swiss by this ingenious trait of affection, that they not only gave the baron his liberty, but allowed his wife to take away whatever belonged to her*. The Swiss then thought of joining their arms to those of the Grisons, in order to strike a blow on the side of the Tyrol. They heard, however, about this time, that the emperor was assembling a force of 20,000 men in the Suntgau for the attack of Soleure, which had thrown a garrison into the castle of Dornach, near Basle. This intelligence induced the troops of Bern and Freyburg to separate from the rest of their confederates, in order to protect their old ally Soleure. After some fighting in the Val de Motiers, the imperialists dispersed. The frontiers of the Grisons continued to be the * Watteville, Histoire de la Confederation Helvetique, vol. ii. p. 130. 108 HISTORY OF SWITZERLAND. '[period III. PERIOD III.] HISTORY OP SWITZERLAND. 109 II principal theatre of the war. Fifteen thousand Tyrolese, and othei German troops, from their position of Malsheraid, annoyed the Orisons, who, to the number of 8000, commanded by one Fontana, resolved to attack their entrenchments. Fontana mounted the first ; being wounded in the abdomen, he supported with his left hand his protruding intestines, and defended himself with the right, until his friends joined him. With his dying breath he encouraged them to drive the enemy before them, and at last, exhausted, he fell into the ditch below. The entrenchments were carried by the men of Engadina, and the Austrians were driven away with the loss of 5000 men. Maximilian himself repaired to Feldkirch in the Tyrol, where he assembled his troops to strike a decisive blow on the Grisons. He de- tached 2000 men, who penetrated into Engadina, and burnt several villages, but the desperate resistance of the inhabitants, and the want of provisions, obliged them to retire. The desolation was complete in those border countries ; and the provinces of Maximilian had their full share of the work of destruction committed by the soldiers and par- tisans on both sides. Birkheimer, one of Maximilian's commanders, relates that in crossing the Tyrol he found the country utterly devastated and forsaken by the inhabitants ; he mentions, in his account of that war, that he saw two women driving before them a troop of 400 children, like a flock of sheep, and that as soon as this crowd entered a green field, he saw them fall upon the grass, snatch it up by handfuls, and devour it, to satisfy the cravings of hunger. In July, Maximilian held a numerous diet at Constance, and a triple attack was resolved against the Swiss ; one on the side of the Grisons, another on that of Constance, and the third by Dornach near Basle. This last, however, was alone carried into effect, the other two attacks having been abandoned in consequence of the disunion which spread among the various princes whose contingents formed the imperial army. The count of Furstenberg, with 14,000 foot and 2000 horse, advanced to the castle of Dornach, which was defended by the men of Soleure. At this news Bern sent 3000 men under D'Erlach ; and Zurich, and other cantons, sent also their contingents. Meantime the camp of Furstenberg before Dornach was a scene of dissipation and merrymaking for the Germans having been informed that the whole Swiss force was assembled far away at Schwaderloch, rested in perfect security. As soon as the troops from Bern and Zurich reached Dornach, the avoyer of Soleure, who commanded the advanced guard, made his men assume the red cross of Burgundy, so that they were mistaken by the Germans for their own comrades, and allowed to enter the camp, where they soon began to use their muskets and their halberds, and spread confusion among the enemy. In the meanwhile, the main body of the army of Furstenberg had ranged itselfin order of battle, and their artillery, as well as the charges of the Gueldrian cavalry, greatly annoyed the con- federates, and kept them at bay. At this critical juncture a reinforce- ment came up, consisting of the men of Luzern and Zug, and revived the ardour of the Swiss. The Germans began to lose ground, and in trying to retire across the river Birs, their retreat became a decided flight. Night prevented the confederates from pursuing them, but the count Furstenberg, with 3000 of his men, lost their lives in the battle. Next morning, 23d July, the troops of the Waldstat^eu also joined their allies, and the whole Swiss army marched upon Basle ; but seeing nothing more of the enemy, the confederates, according to their custom, separated and returned to their respective homes. In eight months Maximilian, by his own wanton aggression and ob- stinacy, had lost more than 20,000 men, while hundreds of towns, villages, and castles had been reduced to ashes on both sides ; and he was now induced to listen to i^roposals of mediation which were made to him by Louis XII. himself, as well as the duke of Milan. After some negotiations, and some vacillations on the part of the emperor, peace was concluded at Basle in September, 1499, by which Maximilian yielded to the Swiss the high judicial power in Thurgau, and fully acknowledged their unconditional independence as a nation. The differ- ences between the Tyrol and the Grisons were left to an amicable adjust- ment between the parties concerned. This war, called the Suahian ivar, was the last the Swiss had to sustain for their independence. From that time, and for three centuries after, neither Austria nor the German empire, nor any other monarchy, made any attempts or put forth any pretensions against the liberties of the Swiss cantons, which assumed their station as an independent power in Europe. The towns of Basle and Schaffhausen, in consideration of their attachment to their Swiss confederates, were received in 1501 as tw^o additional cantons. The bishop of Basle, and the chapter, who were not favourable to the Swiss, had lost all their influence in that city, which by degrees made itself completely independent of them ; and lastly Appenzell, another ally of the Swiss, became also one of the confederation in 1513, and completed the number of thirteen cantons, which have constituted the Helvetic body till within our own times : namely, Zurich, ScKwytz, Uri, and Unterwalden, the three Waldstiitten or forest cantons; Luzern, Glaris, Zug, Bern, Freyburg, Soleure. Basle, Schaff"hausen, and Appenzell. AUthese were essentially German, both in their language and habits. Some districts belonging to Freyburg and Bern spoke Romance or French dialects ; and the great bulk of the Pays de Vaud, which is essentially Bur- gundian or French in language and habits, was afterwards incorporated with Bern. But it is only since the overthrow of the old confederation by the French arms, at the end of the eighteenth century, that there are cantons in Switzerland which may be called French, and which were formerly allies or subjects of the thirteen cantons. These are Vaud, no HISTORY OF SWITZERLAND. [period III. Geneva, and Neuchgltel, while Bern and Freyburg continue mixed, though the German race and language preponderate in them. The allies of the Swiss at the beginning of the sixteenth century were of two sorts — the socii and the confcederati. The first, which consisted of the abbot of St. Gall, the city of the same name, and the towns of Mul- hausen and of Bienne, sent deputies to the federal diets, and, without being cantons, were considered as parts of the Helvetic body. The con- f(Bderait were either, like the Grisons and the Valais, allied to all the cantons, or only to some of them, which last was the case with the re- public of Geneva, and the county of Neuchdtel. They did not send deputies to the diets, but were entitled to assistance in case of foreign attack. Several of these associates and confederates had also their subjects, as well as the cantons themselves. The abhot of St. Gall was sovereign of a fine district extending from the river Thur to the lake of Constance, and including several little towns, such as Roschach, Wyl, &c. ; he was also prince of the county of ToQ:£crnburG:, as far as Glaris and Schwvtz, and he had the lower juris- diction over the Rheinthal. The abbot's palace, or rather castle, it beinir surrounded with walls and ditches, stands in the middle of the town, which had grown up around the abbey, but had become at an early period independent of it, whilst the jurisdiction of the abbot was maintained over the surrounding country, and to within a mile or two of the city gates. This singular state of things gave rise to frequent altercations, and it happened at times that the abbot was blockaded within the precincts of his abbey by the citizens of St. Gall, whilst his dependents in the country coming to his relief beleaguered the city. Geneva and its bishop were under the protection of the German em- pire, and they also contracted an alliance in 1438 with the cantons of Bern and Freyburg in order to protect themselves against the dukes of Savoy, who having become masters of the surrounding country by ces- sion from the counts of the Genevois, were attempting to establish their authority also within the city. The bishops continued to exercise a partial jurisdiction in concert with the citizens, till the Reformation. The district of Neuchatel had its coimts, who were vassals of the em- pire and coburghers of Bern, till about the end of the fifteenth century, when the last count, Philip, died, leaving only one daughter named Jane, who married Louis d'Orleans, duke of Longueville. This prince, having taken part against the Sw-iss in their Italian wars, was deprived of his possession of Neuchatel in 1512 by the cantons of Bern, Freyburg, So- leure, and Luzem, who sent bailiffs to administer the affairs of the county in the name of the confederates. However, in 1529, through the mediation of France, Neuchatel was restored to Jane, upon condition that the treaties with the four cantons should continue in force. Jane was the first to take the title of Princess Sovereign of Neuchatel. She history of SWITZERLAND. Ill period III J died in 1543, and her son Francis, duke of Longueville, succeeded to the principality, to which the county of Valengin was imited in the course of the same century. The town of Neuchatel enjoyed peculiar privileges and franchises ; it had its own treaties of alliance with the four above-mentioned cantons, and was included in the neutrality of Switzerland. Of the Grisons and the Valais we have spoken already. These were the confederates of the Swiss cantons. The prince bishop of Basle, after having lost all authority over the city and canton of that name, entered into a partial alliance with some of the cantons for his great territories in the valleys of the Jura, as we shall have occasion to notice hereafter. Thus it was that, two hundred years after the first declaration of inde- pendence by the Waldstatten, the confederation of the thirteen Swiss cantons, their allies and subjects, had become possessed of the whole country of Helvetia and Rha^tia, having for boundaries the Jiu-a to the west, and the lake Leman and the Pennine Alps to the south, the further chain of the Rhaetian Alps and the Rhine dividing it from Tyrol on the east, and the lake of Constance, and the course of the Rhine from Schaffhausen* to Basle, marking its boundaries towards the north. These limits, which appear marked by nature's hand, Switzerland has ever since maintained, with the addition of some valleys on the Italian side of the Alps which were the subject of early contention with the dukes of Milan. We have seen that the cession of the valleys of Bellinzona, Locarno, and Lugano was promised by l^uis XII., when duke of Orleans, during the reign of his predecessor Charles VIIL, to the forest cantons, if they assisted him in the conquest of the Milanese. The Swiss had done so t ; the French,with their assistance, had become possessed of Milan, and the cantons now demanded the fulfilment of the compact on the part of Louis. But the French king, instead of acquiescing in their demand concerning Locarno and Lugano, claimed of them the restitution of Bel- linzona, of which they were already in possession, the inhabitants having voluntarily put themselves under their protection. The blunt moun- taineers answered, that they were determined to keep BeUinzona, and * Tlie little canton of Schaffhausen, and the town itself, are on the right or Sua- bian side of the Rhine, and consequently bej-ond the line stated. A very small por- tion of the canton of Basle is also on the same side. t When Ludovico Sforza reconquered for a short time the duchy of Milan, m the beginning of the year 1500, he had 16,000 Swiss in his pay. The French had nearly as many in their army. While the two forces stood in front of each other at Novara, the Swiss diet sent orders to the Swiss of both parties, forbidding them to fight. But the French envoy, Brissey, bribed the courier who was entrusted with the order for the Swiss in the French camp, and he tarried several days on the road. . The other courier having arrived at the quarters of the Swiss in the duke's pay, they obeyed the orders. The French commanders meantime attacked Novara, which Sforza being unable to defend, as his Swiss had forsaken him, he was taken prisoner with all his adherents. This has been represented by Guicciardini and other histo- rians as a treachery of the Swiss, but the MS. correspondence of Morone has re- vealed the truth, Verri, Storia di Milano, ch. xx. 112 HISTORY OF SWITZERLAND. [period III. pERiot) Hi.] history op SWITZERLAKfi* 113 V n that " if his majesty did not choose to ratify the cession, they would appeal to God and their stout halberds." And they kept their word. After several fruitless negotiations the forest cantons took up arms in 1503, demanding of their confederates their contingents as stipulated by treaties. The other cantons, after vainly endeavouring to avoid a rupture with France, felt themselves bound to send their troops ; and an army of 15,000 men was collected, which, crossing the Alps, occupied in a few days the whole covmtry around theLago Maggiore. Louis XII., in his quahty of duke of Milan *, offered to make peace by giving up to the three cantons Belhnzona and some other districts in perpetuity. The treaty was signed on the 10th April, 1503. But the Swiss had be- come mercenary in their engagements with foreign powers. A few years afterwards pope Julius II., the declared enemy of the French in Italy, having, by means of Matthew Schinner, bishop of Sion, formed an alli- ance with the cantons, obtained from them a force of 6000 men, nomi- nally for the defence of the papal states, but in reality for the purpose of attacking the French in Lombardy. In spite of the opposition of the French generals, the Swiss, in 1511, forced their way by Varese to the very gates of Milan, which was thrown into the greatest alarm by their sudden appearance ; when all at once, owing to a misunderstanding among the confederates, their camp broke up and they retraced their steps homewards. The year following the Swiss, having renewed the " here- ditary union"t with Maximilian, and with his grandson Charles, after- wards Charles V., they openly espoused the cause of the emperor and the pope against France. Julius sent them the banners of the holy see, and bestowed on them the title of " Defenders of the Church." They entered Italy by way of the Grisons and Trento, and, uniting with the Venetians, drove the French before them, and conquered the Milanese in the name of the Holy LeaguCy for that pope Julius had called his cru- sade against the French. Differences, however, broke out among the conquerors, concerning the disposal of the duchy of Milan. The Swiss, who had a garrison in the duchy, and the pope, insisted that it should be restored to Maximilian Sforza, son of Ludovico, whom the French had deposed and imprisoned. The Venetians, on their part, wished to keep Brescia and Crema, with the whole country as far as the river Adda ; and the emperor put forth his own pretensions. All these powers, as well as the king of France, Ferdinand of Spain, and Henry of England, sent am- bassadors to the Swiss diet, which was held at Baden. The cantons were * He claimed the duchy of Milan as being the heir of the Viscontis through his grandmother Valentina, daughter of Gian Galeazzo Visconti. The family of Sforza succeeded to the Visconti in 14130, in consequence of the marriage of Francesco Sforza with Bianca Maria, the only child of Filippo Maria, son of Gian Galeazzo, the last duke of the Visconti dynasty. Francesco Sforza was succeeded by his son, Galeazzo Maria. At the death of the latter, in 1470, his infant son, Giovanni Ga- leazzo, was proclaimed, under the tutorship of his imcle Ludovico called II Moro, who afterwards put to death his nephew and usurped the ducal crown, f See page 96, * : '. •' m now courted, and bribes were offered to them by almost every couTt of Europe. But they stood firm in holding the duchy of Milan for Maximilian Sforza, and the emperor was ultimately obliged to accede to the treaty which was concluded at Baden in 1512. By this treaty Sforza engaged to pay the cantons 40,000 ducats annually, besides 200,000 ducats for the expenses of the war, and to give up to them in perpetuity Locarno, Lugano, and Valmaggia ; the Swiss, on their side, guaranteeing to him the possession of the Milanese. The cantons then appointed deputies to instal Maximilian Sforza as duke of Milan. On the 3Ist De- cember, 1512, Sforza made his public entrance into Milan, and received the keys of the city from the amman Schwartzmaurer of Zug, to whom he expressed his deep gratitude towards the Swiss for all their good services on his behalf. Thus we find the Swiss mountaineers, the rebel boors as Maximilian had styled them a few years before, bestowing the crown of one of the finest states of Italy against the will of that emperor. The Grisons, whose troops formed part of the Swiss army, took posses- sion for their pains of the fine district of the Valteline, and the counties of Chiavenna and Bormio on the south side of the Rhgetian Alps, which had formed part of the Milanese, and they kept and governed them as subject bailiwicks till Bonaparte's conquests in Italy in 1796. In 1513 the Swiss defended their Milanese ally Sforza against a new army of France, at the battle of Novara, in which they lost 2000 men, and killed more than 10,000 of the enemy. Guicciardini, the Italian his- torian, describes their bravery on this occasion as surpassing all that we read of the Greeks and Romans. At the same time, in order to make a diversion against France, and at the instigation of the ever-intriguing and restless Maximilian J a Swiss army of 16,000 men, paid by that em- peror, and commanded by Jacques de Watteville of Bern, joined to an equul number of imperial troops, entered Burgundy, and laid siege to Dijon, which was defended by the French commander. La Trimouille. This officer, doubting of his ability to hold out, treated with the Swiss generals without having authority from his master to that effect : he sti- pulated in the king's name, that France should renounce her preten- sions on Milan, and that she should pay the Swiss 600,000 crowns within a fixed time, on condition that the Swiss would leave Burgundy and return home; and for the due performance of these stipulations four persons of rank were named to be delivered to the cantons as hostages. This being done, the Swiss departed, without having consulted with the emperor their ally, alleging as a reason, that the emperor had not made the payments he had promised them. Louis XII. disapproved of La Trimouille's conduct, and would not listen to any renunciation of the duchy of Milan*, to which he was still pertinaciously attached, notwith- standing all his reverses. But Guicciardini, who relates the above facts, does not notice the dishonest conduct of the French general with regard * Guicciardini, Stor. d' Italia, lib, xii. ch.ii, I 114 HISTORY OP SWITZERLAND. [period III. HISTORY OF SWITZERLAND, 115 to the hostages. It had been agreed that, beside La Trimouille's own nephew, the Sieur de Meziere, four of the principal inhabitants of Dijon, whose names were mentioned, should be given over to the Swiss. La Trimouille substituted in their place four persons of the lowest con- dition and under false names. This conduct was keenly felt by the Swiss, who, whatever may have been their love of money, were still ob- servant of the faith of treaties. Blame was attached to their own generals, but the public indignation rose chiefly against France, and the ancient sympathy of the Swiss with that nation was turned into hatred. The flight of De Meziere, who broke his parole at Zurich next year, added to these angry feelings. The Swiss, as a measure of reprisal, arrested the president of Grenoble, who was at Geneva, and treated him severely. They then resolved to invade France again, and in 1514 sent deputies to king Henry VIII. of England, to propose an alliance for that purpose. Henry dispatched in return two envoys to Switzer- land; but he suddenly concluded the negotiations on learning that the king of Spain had concluded a treaty of peace with France. Leo X., who had succeeded the wavlike Julius in the papal see, adopted a system of politics different from that of his predecessor. He inclined to peace with France, and off*ered his mediation between that country and the Swiss. In the midst of these negotiations Louis XII. died, in January, 1515; and Francis I., who succeeded him, assumed the title of duke of Milan, together with that of king of France. In notifying to the cantons his accession to the throne, he requested the renewal of their friendship. The Swiss replied that, if his majesty would ratify the treaty of Dijon, concluded under his predecessor, he might rely upon their friendship ; but otherwise they could not listen to any proposals on his part. Francis made great preparations for war, and the emperor and the duke of Milan on their side strengthened their alliance with the cantons. The king of Spain also agreed that, should the French invade Italy, he would enter France on the side of the Pyrenees ; he, however, did not keep his word, and the defence of the duchy of Milan was ulti- mately left to Swiss intrepidity alone. Hearing that a French army under Trivulzio, an Italian himself, and a commander of great abilities, had assembled at Lyons, the cantons sent no less than 40,000 men into Lombardy, who occupied the passes of Mont Cenis and Mont Genevre. But Trivulzio entered Italy by another pass, which leads by the Col d'Ar- genti^re into the plains of Saluzzo, and which the Swiss had neglected as impracticable. The Swiss then fell back upon Novara, and, finding them- selves unassisted and alone, they were actually marching out of that town on their return to their country, when the subsidy of money promised by the pope reached them. This timely arrival decided the troops of Zu- rich, Basle, Schaffhausen, Appenzell, the forest cantons, and Grisons, to turn again towards Milan by the way of Galera. But the contingents of Bern, Friburg, and Soleure continued their retreat towards Domo d*Os- sola, at the foot of the Alps. This separation of the Swiss was occa- PERIOD III.] sioned by the intrigues of Francis I. among the cantons, with whom he had never ceased to negotiate. The Swiss troops at Galera, expecting to be attacked every day by the French, who had taken possession of Milan, solicited their countrymen to join them, and they were supported in their expostulations by Watteville, who commanded the Bernese, but in vain. The latter, having heard from their country that negotiations were far advanced, disbanded themselves; and of 1000 Bernese who were at Domo d'Ossola there remained together no more than 1000. At last the troops of the other cantons who were at Galera, with the ex- ception of the Waldstatten and Glaris, agreed to a peace with France on the 8th September, 1515, and took the road towards the Alps. The men of the forest cantons refused to ratify the treaty, and those of Zurich and Zug, persuaded by Schinner, the cardinal of Sion, following their example, their united bands, not more than 10,000 strong, boldly took the road to Milan. Trivulzio, on hearing of their approach, abandoned that city, and took a position at Marignano, in order to prevent their junction with the pope's troops. The position of the little Swiss army was singularly critical. They had before them more than 40,000 sol- diers of France, headed by the king in person, with whom several of the cantons had just concluded peace. But they were joined by a num- ber of volunteers, among whom was a Winkelried, from Unterwalden, who left the ranks of the retreating army in order to assist their gallant countrymen in the hour of danger. The Swiss began the attack late in the afternoon ; the French camp was fortified by a double entrenchment, and defended by a numerous artillery. On the report of the battle having begun, all the Swiss that were still lingering at Milan ran out without waiting for orders and joined in the attack. The Swiss forced their way into the entrenchments and seized part of the French artillery. Francis himself charged them at the head of his cavalry, and the com- bat continued with the greatest obstinacy till four hours after dark. At last the two armies separated through fatigue ; the French retired to their camp, and the Swiss lay on the field of battle. The next morning, 15th September, 1515, the fight was renewed; but D'Alviani, who was bringing up the Venetian auxiliary forces, arrived in the midst of the battfe, and took the Swiss in their rear. This circumstance obliged them to sound a retreat, which they effected in the best order to Milan, carrying away their cannon and their wounded in the midst of their column ; and so astounded were the French by their intrepidity, that there was no one, either horseman or foot, who dared to pursue them. Trivulzio himself used to call this '' a battle of giants." The number of Swiss engaged in the battle was about 18,000, of which 6000 were killed, with many officers, especially from Zurich and the forest cantons. The loss of the French was equally great*. After this the Swiss took the * Verri, Storia di Milano, ch. xxii. gives some interesting particulars concerning this battle, taken from the chronicles of the time, i2 I 5 116 HISTORY OF SWITZERLAND, [period III. '^ road towards the Alps, and the whole duchy of Milan submitted to Francis I. In the following year (1516), the king of France, having agreed to give up to the Swiss the Italian bailiwicks, which had been the first origin of the war, a treaty of peace was concluded in November, at Frey- burg, between France and all the cantons. This was called the perpe- tual peace. The principal conditions were that the bailiwicks of Bel- linzona, Locarno, Lugano, and Valmaggia, were to remain subject to the Swiss, on condition that the privileges and liberties granted to these districts by the dukes of Milan should be maintained. The Valteline and county of Chiavenna were likewise to remain in possession of the Orisons. The allies of the Swiss were included in the perpetual peace with France. Each of the cantons, as well as the Orisons and the Valais, were to receive a pension of 2000 francs a year. The king was besides to pay 400,000 crowns for the expenses of the Dijon war, and 300,000 for those of the war of Italy. The Swiss merchants and other citizens were allowed free ingress and egress through the French terri- tories, with the privileges they had enjoyed under the preceding reigns. In case of either of the contracting parties being engaged in war, the other was not to give assistance, or passage over its territories, to the enemy's forces ; and lastly, all differences that might arise between the Swiss and the French were to be referred to arbitrators. This treaty has served as the basis of all subsequent treaties with France during the course of nearly three centuries. In the subsequent wars of Francis L in Italy, Swiss auxiliary troops fought in his ranks in several actions, especially at the battle of Pavia, in 1525, in which the king was made prisoner, and the Swiss lost no less than 7000 men. Such repeated and heavy losses gave them at last a distaste for those disastrous Italian wars, where they could gain no- thing but a barren reputation of mercenary valour. The authorities for this third period are mainly the same as for the preceding one. Barante, Histoire ties Dues dc Bourgogne de la Maison de Valois, is an excellent authority for the events of the Burgundian war; and Ouicciardini, Sloria d' Italia, ami Yerriy Storia di Milano^ are good authorities for the wars of the Swiss in Lombardy. The' Orisons have also their native chroniclers, one of which, Porta, has written in the Romantsch language : Chronica Rhetica, ou Vhistoria dal orifjine, guerras, aUeanza<;, et autcrs evenimaints da nossa cara Pairia, la Rhetia, our da divers Authurs componeda da Nott da Porta, et per bain public, a cusst seis, fatta stampar da N. Shuca?!. In Scunl, anno 1742. Tschudi, the Swiss chronicler, has also written about the Orisons : De prisca ac vera Alpina Rhcetia, cum ccetero Alpinarum gentium tractu, Descriptio. 4^ Basel, 1538. ■W2 .1 FOURTH PERIOD. fA SIXTEENTH CENTURY. THE REFORMATION IN SWITZERLAND, FROM THE FIRST OPPOSITION MADE BY ZWaNGLI TO THE SALE OF INDULGENCES IN 1518, UNTIL THE FINAL ESTABLISHMENT OF THE REFORMED RELIGION AT BERN, ZURICH, BASLE, SCHAFFHAUSEN, GENEVA, AND NEUCHATEL, A^D IN PART OF CLARIS, APPENZELL, AND THE GRISONS. While the Italian wars between Austria and France employed the arms of the Swiss youth away from their own country, a most important change was silently taking place at home. This was no other than the great religious reform of the sixteenth century. In Switzerland, as elsewhere, the abuses introduced during a long course of ages into the rites and discipline of the church, had reached a point which appears almost incredible to readers of our days. Removed, as we fortunately are, from those unhappy times, it becomes us to judge of them with calmness, and to guard against the exaggerations of party writers ; yet it is impossible, after reading the mass of contemporary evidence, even of those writers who were conscientiously attached to the church of Rome, and adhered to it at the great crisis of the reformation, not to come to the conclusion that the disorders of that church, the worldly ambition of many of its prelates, and their notorious and un- censured profligacy, — the relaxation of its discipline, and the venality of its administration, brought its doctrines into discredit, and hastened the schism : and that church itself, after the great separation was consum- mated, derived from it this indirect benefit, that it became more vigilant over its members, more guarded in its actions, more correct in its deci- sions, — so that ever since that epoch it has not exposed itself to the same charges, and it has in a great measure disarmed the hostility of those who disclaim its tenets. The successive pontificates of Sixtus IV., Innocent VIII., Alexander VI., Julius II., Leo X., and Clement VII., for the space of sixty-four years, from 1471 to 1534, form perhaps the darkest period in the annals of the Roman hierarchy, as regards its moral and spiritual character. The personages that have succeeded each other in the chair of St. Peter since that epoch, down to our own days, have been, almost without exception, men whom it were highly unjust to compare with those above- named. i\ 118 HISTORY OF SWITZERLAND. [period IV. PKRIOD IV.] HISTORY OF SWITZERLAND. 119 In Switzerland the corruption of the clergy at the beginning of the sixteenth century seems to have been even more general and barefaced than in other countries of Europe. There was a grossness in it which was characteristic of a rude, uninformed, and still imperfectly civilized people. Remonstrances had been several times made by various can- tons on the increasing licentiousness of the churchmen. As early as August, 1477, the Bernese had complained to Benedict de Montferrand, bishop of Lausanne, that " they saw with grief the clergy of their country given up to lihertinism, openly keeping concubines, and fre- quenting houses of ill fame." But little redress could be expected from that quarter, for we find repeatedly the burghers of Lausanne complain- ing still more bitterly of their own bishop, and more especially of Sebas- tian de Montfaucon, who filled the see in the early part of the sixteenth century, and " whose servants beat and killed the citizens in affrays, and the bishops protected them openly and by force from the hands of justice. And the canons, who then wore swords at their side like lay- men, assaulted the citizens even in their houses and in church, seduced married women and kept them in defiance of the law, violated poor girls whom they enticed to their houses, and had a number of natural children whom they sent about begging, &c.*" It is unnecessary now to multiply quotations about similar disorders which occurred in almost every part of the country ; the chronicles of the times are filled with them ; but one important and serious reflection ought not here to be omitted : the greater part and the most heinous of these disorders pro- ceeded from one cause, the harsh and ill- devised regulation for perpetual celibacy enforced by the church of Rome upon its clergy after the tenth century, — not, as in the earlier ages of the Christian church, as a mere recommendation to those pious persons who felt able to conform to the rule, but as an absolute and irrevocable bond imposed for life upon every one who entered the sacred ministry. This has been the fruitful soiurce of most of the calamities, the individual misery, and public scan- dal that have darkened the annals of the western church. Many of those monks and priests against whom satirists and novelists have railed for their incontinence, were in great measure the victims of an ill-judged system. It is true they had bound themselves to it, but they did so at an age when they were not aware of the extent of the obligation they incurred, an obligation which it may be a matter of doubt whether they had a right to impose upon themselves for life. This is no apology for licentiousness; but it serves to moderate in some degree our impressions in reading the history of past times ; it transfers the principal weight of our censure from those who were the victims of the system, to the system itself; and it restrains us from aggravating errors which, under a more rational system of polity, would not have occurred. But this excuse by no means applies to those who made a profession of hypocrisy and a * See Ruchat, Histoire de la Reformation en Suisse, vol, i. p. 32. trade of imposture, who availed themselves of their situation deliberately to carry corruption among their flocks, or who, shielded by the power of their order, set at defiance the laws of both God and man. Of these the epoch preceding the reformation affords many instances among the clergy. On the other side, the ambition of the popes Sixtus, Alexander, Julius, and Leo, the dissensions they fomented amongst the Italian states, their perpetual intrigues to establish their relatives m some pnn- cipality or other, and the wars and bloodshed these intrigues occasioned, are all matters of political rather than of ecclesiastical history. The Swiss who fought in these wars of Italy, even in the Romagna, where Julius and Leo employed them against the petty local pnnces, must have watched the conduct of popes and cardinals, and must, it may be sup- posed, have been little edified by the scenes they witnessed m what they had considered the centre of Christendom, the fountain-head of rehgion. A cardinal, Schinner, after having occasioned a breach of faith on the part of the Swiss at the fatal battle of Marignano, acting agam the part of recruiting serjeant, enlisted, for Leo, soldiers in Switzerland The troops were raised first under the pretence of a war with the Turks, but in fact to assist the pope in his wars against Delia Rovere, the duke of Urbino, which cost Leo 800,000 crowns, and afterwards in the wars against Francis I. The cantons had at this time, agreeably to their treaty with France, a body of 12,000 men serving under Lautrec, the French commander in Lombardy. But Schinner collected secretly a body of equal number to join the opposite party, and thus Swiss were brought to face their own countrymen. The cantons, heanng of this, sent orders to all the Swiss in Lombardy to return home. The regular contingent obeyed, but Schinner's recruits, being well paid by the cardinal and promised more, attacked the now weakened French, defeated them at the battle of La Bicocca, in April, 1522, and, m concert with the Spaniards, drove them out of Lombardy. Thus, by the artifice of a prelate of the church, Swiss faith was twice sullied, though not by the cantonal governments ; and twice Swiss blood flowed in a mercenary cause against the faith of treaties. These transactions did not tend to raise the character of the hierarchy in the estimation of the Swiss, especially of those who returned home from the fatal Italian wars. The young men brought back with them habits of dissipation and profligacy not favourable to religious veneration. But even the fnars laboured as it were to throw discredit on religious ceremonies and prac- tices. A disclosure of monkish imposture had been made at Bern some years before, arising out of an ancient jealousy between the two rival orders of the Dominicans and the Franciscans. The former, to obtain a triumph over the Franciscans, resorted to pretended miracles: they worked on the weak fancy of a poor tailor called Jetzler, who had en- tered as a lay brother in the Dominican convent of Bern, and made him believe that several saints, and the Virgin herself, whom a friar person- \ \ 120 HISTORY OF SWITZERLAND. [period IV. ated, appeared to him. Crowds flocked to the Dominican convent to see Jetzler, the favourite of Heaven, who exhibited on the palms of his hands and on his feet the stigmata, or marks m mutation of our ba- viour's wounds, which the Franciscans boasted that St. Francis alone had ever borne. Jetzler's marks, it appears, were produced by corro- sives The whole was an impious piece of jugglery, but the Iriars re- lied too much on Jetzler's credulity ; they were discovered ; Jetzler confessed all : Pope Julius sent a legate to examine the friars, and the council of Bern having taken cognizance of the matter, four friars were condemned and burnt to death. This occurred in 1507. Another subject of great scandal and mischief was the manner m which livings in Switzerland were bestowed upon foreign adventurers, chiefly Italians, who publicly bought them at Rome, or received them from the favourite retainers of the papal court, for the popes arrogated to themselves the right of nominating to all livings, even to those which were in the gift of local chapters and corporations. Furnished with the pope's bull, swarms of profligate young churchmen came to occupy the best livings in Switzerland*. The licentious and heedless prodigality of the givers often bestowed the same living upon two candidates, who, meetin'- within the sacred precincts, undertook each to maintain his own ckim by force. The Swiss cantons, in 1520, made remonstrances to Pucci, the pope's legate, about this scandalous abuse ; and they issued an order banishing all courtisans (the name they gave to the clerical intruders on livings) as ** wicked, ignorant persons, who had nothing of the spirit of God in them," and threatening, if found again within their territory, to drown them in sacks. All the sacraments of the church, communion, confession, extreme unction, were made means of barefaced extortions. It was about that time that a German abbot exclaimed, that had not Luther come, they luould have at last persuaded the people to feed on hay / But the immediate cause of the schism with Rome was in Switzer- land, as well as in Germany, Leo X.'s famous bull for the sale of in- dulgences in 1517. The question of indulgences having acquired considerable historical importance, as the immediate cause of the Reformation, it may be well to explain it here briefly, adhering to the definitions given by Roman Ca- tholic divines. In the earlier ages of the church repentant sinners, after confession, had to undergo certain punishments, often public, and very se- vere, in proportion to their off'ences. Some presbyterian churches have retained traces of the practice of public exposure and penance inflicted upon sinners in the face of the congregation. In the primitive church the penalties were very severe ; they consisted of rigorous fasting, assiduous prayers, exposure for years during service at the gate of the church, * At Geneva, in 1527, of all the numerous canons of the cathedral only one was nut a foreigner. PERIOD IV.] HISTORY OF SWITZERLAND. 121 seclusion from social intercourse, and other austerities. Butthese penalties we eTc rtain cases mitigated by the " indulgence' ' of the bishops who IbTd'd the austerities enjoined by the canons, having -gard^^ bodily orlntal weakness, and to the temporal necessities of mdividuals and a Times commuted them for works of charity and pious exercises tMMonat de Ind^lgentus), This practice aj^ears to Jave W^^^^^^ tioned by the councils of Nic^a,Ancyra, and the fourth ^^ ^^^^^^^^^ St Cyprian, in his Epistles 11, 12, 13, and 14, informs us that m h^^ periods of persecution the bishops, at the request of the confessors, g ntel to repentant sinners who were confined in prison by the heathens tn indulgence remitting to them the temporal penalty which they had ii cur^^^^^^ which they could not well perform in their state of confine- In But this indulgence of the bishops led also to abuses, of which ever^l of the primitive fathers, even as early as Tertulhan ODe puc/.a^ and St. Cvprian (D. lapsis), complained, such as the bishop s granting U with too much facility or partiality, and also that simple priests assumed thl power of granting indulgences, which ought to have been the exclu- ive irvilege of bishops. Matters, however, contmued m the same sta e for ages; the bishops granted indulgences on condition of the 1Z^^^ of money for religious purposes, and the ancient discipline of iano" c 1 penani was gradually laid aside. (Mabfllon's ^nnalj^l' Svol. vi;p. 535, and also his Preface to the fifth cent, of the Acta ^""^^r^.^^.^^^ of money for a certain penance may be compared to a fine laid upon a person guilty of a lighter offence or misdemeanour. Upon the same principle the church of Rome grants m some cases a dispensation called " crusade" to persons who, for reasons of heath, do not wish to abstain from meat on Fridays, Lent, and other fast-dap and who pay a certain sum for this dispensation. About the eleventh or twelfth century the popes began to grant " plenary" indulgences, tha is to ^av indulgences which remitted not only the temporal or canonical penaUy/l^ut also the penalty of purgatory, which, according to the Roman church, is awarded to the lepentant sinner after death, in expia- tion of his sin, and as a satisfaction to divine justice. This, it has been contended by many, was a novel feature in the practice of indulgences, for the bishops formerly had remitted only the canonical penalty. Thomas Aquinas, however, contended that it was no innovation ; for that the church has at its disposal a treasury of spiritual goods, consist- in- of the superabundant merits of the Saviour, and of the supererogatory good works of the saints, from which treasury the church can draw in favour of its repentant sons, so as to acquit them of the penalties * For a specimen of these penitential canons of the early church, and their seve- ri.v The rea^r may consult Halitgur's (a German bishop of the nmth century) pl«^/e.'/«/T^^'L ColtccUo antiqua Canonum Penitent ialU.m in Dache, lus or D'A^hery's S'/i^i; vol. xi. ; and Rhegino's Specuhon PcnUrnU^. See also 1 leury, H^stcre Ecclamtiqve, vol. viii. ; Discwn sur /cs sijr premiers Siecfes. 122 HISTORY OF SWITZERLAND. [period IV. PERIOD IV.] HISTORY OF SWITZERLAND. 123 they have incurred both in this world and the next. The first plenary indulgences were granted by the popes to those who engaged in the Crusades for the recovery of the Holy Land. They were afterwards granted (for instance, in the Council of Lyons, a.d. 1245) to those who, unable to join the crusade in person, contributed to its success by volun- tary donations. By degrees indulgences were granted for other pur- poses, for building or repairing churches, &c. Innocent IIL granted plenary indulgence to all those who joined in the crusade against the Albigenses, promising them the kingdom of heaven if they fell in battle. In the following ages indulgences were regularly sold about the various countries of Europe ; they were farmed in each province to contractors, who paid a fixed sum to the see of Rome, and who employed agents called quaestors, to go about retailing the written copies of the Bull of indulgence. In Germany, in the century before Luther, these indulgences were commonly sold for five ducats a-piece. The quaestors were often ignorant or licentious men, who gave offence by their flagrant immorality, and the local clergy repeatedly complained of this evil. The Council of Soissons, in 1456, banished the quaestors from France. (Harzheim, Ccmcilia, vol. iv., Supplement^ p. 945.) In the following century, the Council of Bologna, in 1547, drew a sad picture of the "detestable deceptions practised in the distribution of indulgences," of the cupidity of the quaestors, of their deluding poor and uninformed men with the promise of rescuing their deceased friends from the torments of pur- gatory, &c. Another evil consequence resulting from the indiscriminate sale of indulgences was, that many fancied that by their purchase they were at once free from guilt, and all its consequences, without any other trouble on their part, although the popes, in their bulls, generally ex- plained that, without the necessary accompaniments of prayer, repentance, and reformation of life, no indulgence could be valid. Julius II., wishing to erect the new church of St. Peter's, and being also in want of money for his Italian wars, published an indulgence in Poland and France ; and after him Leo X., in his like necessities, ex- tended the sale to Saxony and other parts of Germany. Leo addressed the papal commission to Albert elector of Metz, and cardinal archbishop of Magdeburg, who participated in the profits arising from the sale, and who devolved the responsible part of the duty on Tetzel, a Dominican monk, who, accompanied by many of his brethren, proceeded from place to place, selling his wares. In 151 7, Tetzel began his round through the diocese of Magdeburg. Luther, who was then professor and doctor of theology at Wittenberg, was shocked at the presumption of Tetzel ; when sitting at his confessional he heard the confessions of some of the purchasers of indulgences, who refused to submit to the penance or reparation which he enjoined to them, saying that the Dominican had by his indulgences released them from every penalty. In return, Luther re- fused them absolution, and they complained to Tetzel. Luther then drew uphis famous ninety-five theses or propositions m which he ^^^^^J^^ tended that indulgences could only remit the canonical or temporal penalty according to the old custom of the church, but could not extend o the penalties hereafter which may be exacted by Divine justice ; that true contrition and amendment of life were the only means of obtaining for- giveness; that the remission of sin, and of the penalty incurred by it Lid only be obtained by justification through faith m the redemption of Christ, and could not be purchased by money like a worldly favour. Thus far Luther asserted no more than many catholics have asserted before and since his time. However, the church of Rome, by the deci- sion of the Council of Trent, has continued to affirm its power of granting indulgences for penalties awarded both here and in purgatory ; but the indulgences are no longer sold, they are granted on performmg certain pious or charitable acts, and the bulls of indulgences contain the clause— «* if any thing be paid for obtaining this indulgence, the indul- gence itself becomes ipso facto null and void*." It has been generally said that the produce of the indulgences wen to defray the building of St. Peter's church, but this is an error for that splendid pile was merely begun under Leo, and very little of the indul- gence-money went towards it ; it was continued by thirty successive popes, and was not finished a century after Leo's death. The vast sums collected by the sale of indulgences went to supply the wanton expendi- ture first of the collectors, and then of the retainers of the pope and of his court and relatives. It has been also said that Leo gave his sister Mad- dalena Medici, wife of Francesco Cibo, the whole produce of the indul- gences in Germany, and that lady, or her agent Arcimbaldo, entrusted the management of the sale to the Dominican friars, one of whom, the notorious Tetzel, sold them in Saxony, where he was opposed by Luther. This, however, is refuted by Robertson's History of Charles V., book ii. in a note. , ^ . i ..i. The cantons of Switzerland, the Valais, and the Orisons, and other neighbouring countries, were allotted to the Franciscans. Bernavdin Samson, of the Milan convent of that order, had the Swiss cantons for his share. He passed the St. Gothard with his wares, his bulls, his red cross, and his banners, and began the sale in the centre of Uri, a poor district, where he made but little money. His practice was to proceed to the village church, and there descant on the wonderful value of his indulgences, after which he proceeded to sell them. From Uri he pro- ceeded to the wealthier canton of Schwytz, but here he found Zwingli, the preacher at Einsidlen, who deliberately opposed his mission. As this remarkable man was the prime mover of the Swiss reformation, a short notice of him will not be here misplaced. * In the Bibliotheque Saci6e, ou Dictionnaire Universel EccUsiastique, par les Peres Richard et Giraud, re-edited at Paris within the last few years, there is an elaborate article under the head '' Indulgences," containing the approved and actual doctrine of the church of Rome on this intricate subject. 124 HISTORY OF SWITZERLAND, [period IV. V. Ulrich Zwingli was born at Wildhaus, in the Toggenburg, in January, 1484. His father was a farmer in easy circumstances. Young Ulrich studied first at Basle, then at Bern. From Bern he went to Vienna in Austria, where he studied philosophy. Two years after he returned to Basle, when he went through his four years' course of theology under Thomas Wyttenbach, after which he was admitted master of arts. He was ordained and said his first mass in 1506. He was then appointed incumbent at Glarus, the head town of the canton of that name. He then applied himself to the study of Hebrew, of the fathers, and of the early history of the church, and he also perused the writings of Wiclift' and John Huss. Although at that time a sincere Roman Catholic, it appears that he was struck with the changes that had been introduced into the government and discipline of the church, and he communicated his remarks confidentially, by way of letters, to several learned men with whom he had become acquainted. He continued ten years at Glarus, zealously discharging his duties, inculcating the practice of gospel morality, but avoiding as much as he could any allusions to the miracles of the saints, to the power of their intercession, to relics and images, to fasts and pilgrimages, and to other matters, of which he disapproved. This was remarked by the rest of the clergy, but Zwingli was protected from their rancour by the free constitution of the Swiss cantons, by which a priest was secured as well as a layman from arbitrary punishment. Zwingli was beloved by his parishioners, and respected for his irreproachable life. He twice accom- l^anied as chaplain the troops of Glarus to the Italian wars. He was at Milan, when, at theinstigationof Schinner, the rash battle of Marignano was fought, in which the Swiss sustained an enormous loss. Zwingli deplored these mercenary wars, and wrote several letters to the cantons entreating them to put a stop to these immoral enlistments, and to the effusion of the blood of his countrymen for interests not their own. After his return from Milan, he was appointed, in 1516, preacher to the famous church of Einsidlen, by Theobald, baron of Geroldseck, who was avoue, or administrator of the abbey. There he continued to preach in plainer language than he had done at Glarus, entreating his audience to seek forgiveness through the merits and the intercession of Christ alone, the Redeemer of the world, and not through that of the Virgin and other saints, and to look to the Scripture as the only safe rule in matters of faith. Cardinal Schinner, happening to be at Einsidlen, was pleased with Zwingli, who had several conversations with him, in which the cardinal appears to have agreed with him about the necessity of a reform in the church. But the cardinal was a worldly, ambitious man, too much engrossed by political intrigues to pay much attention to purely spiritual subjects. To him as well as to the bishop of Constance, Zwingli addressed his warm entreaties to begin immediately the work of reformation, which ought to originate with the superiors ; to discounter HISTORY OF SWITZERLAND. 125 PERIOD IV.] nance the numerous abuses which had crept into the church ; to check the idleness and profligacy of monks, and to instruct the ignorance of priests ; for the people, said he, ** are opening their eyes to all this cor- ruption around them, and will lose all respect for the church, and the consequences will be fatal not only to the clergy but to the people them- selves, who will lose all check over their passions, and will plunge heed- lessly into every species of disorder and licentiousness." At this time it appears, Zwingli had not even heard of Luther ; whose proceedings and opinions were first made known in Switzerland by the publication of his writings through the press of Froben at Basle in 1519. It was in 1518 that Bernard Samson appeared in the canton of Schwytz to sell his indulgences. He had relied upon a rich harvest at the 'sanctuary of Einsidlen, but Zwingli was prepared : he openly for- bade the friar admission to his church, and was supported in his refusal by the abbot and the baron. Zwingli then preached to the crowded pilgrims against the abuse of indulgences, and exposed the mercenary traffic of the friar. He, however, did not censure the head of the church, but laid the blame on the subordinate agents. And, in truth, Samson, and the other retailers of the indulgences, carried the extravagance of their doctrines to a pitch of absurdity which could not have been countenanced by their superiors, and which would appear incredible to a Catholic of our own days, were it not proved by irre- fragable testimony. They gave out that the bull of indulgences absolved both the livins? and the dead, and released not only from purgatory, but even from the place of eternal torments. Now the approved doctrine of Roman theologians, as we have seen above, is, that indulgences can only remit the punishments of purgak)ry for sins already committed and repented of, poenarn sed non culpam. |No theologian asserts that indulgences can save an unrepentant sinner from hell-fire. The doc- trine of indulgences is strictly connected with that of purgatory, of a place of expiation, after the culpa (not the pceiia) is remitted by re- pentance and absolution ; it is essentially dependent on the doctrine of purgatory. But Bernardin Samson was not so nice in his distinctions ; he pardoned not only past sins, but those which might be committed in future, and he evidently exceeded his instructions. Being repulsed from Schywtz, he went to Zug, where he] exposed his indulgencps to sale for three days. The crowd was so great, and so eager to reach the cross and to purchase the bulls, that one of Samson's attendants, with con- summate effrontery, cried out, ** Let those pass first who have money, we shall afterwards listen to the poor." Hence he went to Luzern and Unterwalden, and afterwards to Bern, where he hoisted his red cross and banners in the great church, in which he officiated with great pomp. The bulls he vended were some on parchment, and others on paper ; the first were sold for a crown, the latter for two batzen. Some of both have been preserved in the archives of various towns. But 126 HISTORY OP SWITZERLAND. [period IV. there were others more ample in their promises, and which cost very large sums. Ruchat, who wrote at the beginning of the last century, saw one which had been purchased by a gentleman of Orbe called D'Arnay ; it had Samson's signature affixed, and had cost 500 ducats. Jacob von Stein, a Bernese captain, gave a fine grey horse in exchange for a bull, which was to include himself and his ancestors, his whole troop of 500 men, and his vassals of the lordship of Belp*. The last Sunday Samson passed at Bern he assembled the people in the great church, and having ascended the central altar he promised a complete forgiveness to all present who knelt down and recited three paters and aves. He then said that the souls of all the Bernese, where- soever and howsoever they had died, were at that moment released not only from purgatory, but from hell, and were in the act of ascending to heaven. He went away from Bern after making a large harvest, and directed his steps northwards. But the bishop of Constance, or rather his vicar Faber, a man of some learning, forbade him to preach in his diocese, as his bulls had not been presented at the episcopal chancery for registration. Samson tried Baden, where the rector gave him the use of his church. Every day after mass Samson went in procession round the churchyard, singing the office for the dead, and exclaiming from time to time Ecce volant ! meaning that the souls of the departed were taking their flight to heaven. On one of these occasions a wag climbed up the belfry with a bag full of feathers, which he shook in the air, crying out at the'same time Ecce volant. Some were for having the man tried'' and executed, but others excused him saying he was light- headed ; and most of the good people of Baden laughed at the jest, and the man escaped.f r • j r ^7 • v Samson attempted Bremgarten, but BulUnger, a friend of Zwmgli, who was rector of the parish, resolutely opposed his entrance into the church, upom which Samson excommunicated him, and proceeded to Zurich! Here he again found Zwingli, who had lately been called by the chapter of that city as preacher to the Gross Monster, or cathedral, which office Zwingli accepted on condition that he should not be obhged to preach any thing but the word of God, and that the seller of indulgences should not be admitted. Even the partisans of Rome were now ashamed of the scandalous scenes enacted by Samson. Other can- tons refused him permission to preach ; and at last all remonstrated with the Pope, who recalled Samson in 1519. The monk departed, carrying with him, according to Stettler's Chronicle, no less than 800,000 crowns, besides gold and silver plate and jewels. Zwingli proceeded now from the examination of the indulgences to that of the other doctrines of the papal church. In this task he was * Ruchat, book I., Hettinger. Ruchat gives extracts of some of the indulgences which he saw still in possession of some families of the Pays de Vaud. f Hottinger, p. 41. PERIOD IV.] HISTORY OF SWITZERLAND. 121 supported by other men of learning in various parts of Switzerland. Henry Lovit, of Glarus, called Glareanus, Kapflin, who latinized his name into that of Capiton, Hauschein, of Basel, styled CEcolampadius, the celebrated Erasmus, of Rotterdam, who had fixed himself at Basel, where he published his version of the Greek Testament, with notes, Henri Bullinger, of Bremgarten, Thomas Wittenbach, of Bienne, and Berthold Haller, of Bern, — all these assisted in the first work of reformation in Switzerland, lecturing against indulgences, and against the multiplicity of forms of external worship, '* which fatigued the body without enlightening the mind, or purifying the heart ; " they insisted upon prayers being said in the vulgar tongue, and religious instruction being rendered universal and easy. Gradually they w-ere all led, ex- cepting Erasmus, who stopped short of an open schism, to question the right assumed by the Roman see to decide definitively in matters of religion. The court of Rome, whose attention, engrossed by Luther's German reform, had taken, at first, little notice of the Swiss con- troversy, now interfered and threatened. The bishop of Constance for- bade the preaching of the new doctrines in his diocese, and he ordered the chapter of Zurich to see that the bulls issued by the Pope against Luther's doctrines were registered and obeyed. The mendicant orders now brought charges of impiety and sedition against Zwingli before the magistrates of Zurich, the reformer having spoken against mendicant friars. Zwingli published his apology, Apolo- geticus Archeteles, in 1522, which was read with avidity. Conferences were held at Zurich between the champions of the two parties ; and although the result, as usual in such cases, led only to a more inveterate animosity and schism, each party claiming the victory for itself, yet it appears that the evangelicals, for such the reformers styled themselves in Switzerland, had a real superiority In the debates over the papal advocates. Attack is generally more spirited than defence. The new doctors were mostly men of pure morals ; they were firmly and con- scientiously persuaded of the justice of their cause ; they were lovers of their country ; they had studied hard in the works of the fathers, and were well acquainted with the early history of the church, whilst the defenders of the papal authority, accustomed till then to pronounce their sentences ex cathedra^ and without fear of a rejoinder, were not in the habit of investigating deeply questions of dogma in their various bear- ings ; with Hebrew and Greek they were little acquainted ; Faber him- self, who was considered a man of learning, acknowledged to Zwingli in a conference held between them, his total ignorance of the former, and his superficial knowledge of the latter language*. There can be no doubt that at that epoch Rgme was lamely and inefifectually sup- ported by its own theologians. In after times her defenders have seen the necessity of deep study and research j they have become more ♦ Zwingli, Opera, tom, ii., p. 613, 128 HISTORY OF SWITZERLAND* [period IV. k HISTORY OF SWITZERLAND. 129 cautious, and at the same time more eloquent, as the writings of Bellar- mine, Baronius, Bossuet, Gerdil, and others, can amply testify. The Swiss reformers, born in a republican country, and at a time when the people, hardened by frequent warfare, still retained much of the sternness of character of their great ancestors who had fought the battles of Swiss independence, partook of their rude energy and national impetuosity ; they had no idea of proceeding by degrees, and scorned all worldly discretion or circumspection. Thus Zwingli, not con- tent with attacking the church, censured also the civil power, reproach- ing his fellow countrymen with their inconsistency in considering it " a sin to eat the flesh of animals during Lent, whilst they thought it lawful to sell human flesh to foreign princes." Upon hearing of this and other similar attacks, the deputies of the cantons assembled at Bern ordered his arrest. The great council, or legislative assembly of Zurich, however, protected him, and in that same year (1523) con- voked all the clergymen of the town and country, and forbade them, under penalties, to preach any doctrines which were not clearly grounded on holy writ ; at the same time they condemned images and image wor- ship. In the following year the service of the mass was formally abo- lished. These decisions, accompanied by the motives of them, were communicated to all the cantons, and to the bishops of Switzerland. Most of the cantons, and especially the three Waldstatten, made strong re- monstrances against the new doctrines, as much perhaps from political as from religious motives ; for the evangelical preachers, as we have seen, condemned the practice of enlisting in foreign wars, which was very prevalent and popular in the mountain districts. Deputies from the cantons repaired to Zurich ; and while they promised that they would reform clerical abuses, they exhorted the Zurichers to abstain from fur- ther innovations, under pain of being expelled from the confederacy. But the great council of Zurich replied, " that it was better to obey God than man," and the work of reformation proceeded. They abolished processions, fastings, and pilgrimages ; they buried the relics ; removed the images, reduced the number of festivals, and established a new liturgy. The convents were suppressed, their inmates released from their vows, and allowed to marry ; the buildings being devoted to hospitals or schools^ and their revenues applied to the support of the new establish- ment, and to that of the clergy. The chapter of Zurich willingly gave up its rights and property to the state, and its twenty-four canons became pro- fessors, preachers, or tutors, and had an allowance secured to them for life. Thus Zurich became the first reformed canton in Switzerland. The cities of St. Gall and of Mulhausen soon followed the example, and the canton of Schaffliausen, and somewhat later that of Basle, did the like. Bern hesitated, its councils were divided, and anomalous enactments followed each other. Endeavouring to avoid an open schism with Rome, its magistrates curtailed the authority and revenues of the clergy, period IV.] and seemed disposed to allow both parties to follow their respective doc- trines in peace, and thus save the country from civil war. They gave permission to the nuns of Koenigsfelden to leave their convent, and enter the marriage state. Several of them married young men of the principal families. Nicholas Watteville, provost of the chapter of Bern, gave up his titles and revenues to the state, and married Clara May. Marriages of nuns and of churchmen took place likewise in several other cantons, and gave occasion to the sarcasms of the Catholic party. Female influence was certainly favourable to the evangelicals, and made proselytes to their cause, which is not to be wondered at, considering the gloomy and irksome restrictions under which the clergy had been placed by the church of Rome. Conferences were opened again in the town of Baden, in the year 1526, between the theologians of the two parties. The Catholics had sent for a celebrated doctor of divinity from Ingolstadt, named Eck or Eckius, and he was supported by two capuchins well versed in the scho- lastic subtleties of those times. Zwingli was off'ered a safe conduct, to which, however, he did not trust. Eck had been heard to say, that " with heretics there were no better arguments than fire and sword;'* besides, about that time an evangelical preacher had been burnt at Lindau, and another had been drowned at Freyburg in the Brisgau. Gi]colampadius, however, Louis (Exlin, Berthold Haller, and other evan- gelicals, repaired to Baden. The disputations lasted eighteen days; during which vituperation and recriminations were resorted to oftener than argument. Those who are curious to see the style in which con- troversy was carried on in those days, might consult the exposition of the Baden conference, published afterwards by the Catholics, under the title, Canssa Helvetica Orthodoxa; fidei, disputatio Helvetiorum in Baden, contra Martinum Lutherum, Zwinglium, (Ecolampadium^ etc.^ Luzern, 1528. The Catholic cantons, Schwytz, Uri, Unterwalden, Zug, Luzern, and Freyburg, became, however, after this conference, strengthened in their hostility to the evangelical doctrines, and they issued decrees of proscription against its professors in all places subject to them. In the territories of the cantons themselves this course was comparatively easy, as the new doctrines had not made much progress there, but the case was diff'erent in the bailiwicks which were held by the Catholic cantons in common with those which, either like Zurich, had embraced the evangelical doctrines, or like Bern, wished to enforce toleration, and avoid measures of persecution. Accordingly, the bailiwicks of Aargau, Thur- gau, Rheinthal, Sargans, and Baden, became a wide field of discord and violence. It must be here observed, that numerous proselytes to evan- gelical reform displayed that fanatical spirit which often characterizes new converts ; and that others, indeed, were far from inquiring into and still farther from understanding the new doctrines they had nominally adopted. These men, of whom many had rioted in licentiousness in the II 130 HISTORY OP SWITZERLAND. [period IV. Italian wars, and whose sole philosophy consisted in hating priests and churches, and sneering at religious observances, went about in troops, heedless of the mandates of their preachers and magistrates, insulting those who still remained attached to the religion of their fathers, pro- faning the churches, pulling down the images, and even the crucifix and the cross, the common symbol of redemption, trampling them under feet, and abusing, in short, their triumph like savages, in all the brutal pride of physical superiority. Several monasteries were attacked and plundered. A shoemaker of Zurich was, for an act of this sort, impri- soned and banished ; but having wandered to Klingnau, in one of the bailiwicks of Aargau, and there again insulted the Catholic worship, he was taken to Luzern, and there executed. The unfortunate people of the bailiwicks were distracted between the two parties, who preponderated according as the landvogt, or governor, was from a Catholic or a reformed canton. The county of Baden at first adopted the reformation, and the famous convent of Wettingen on the Limmat was converted into a school. But afterwards Baden re- turned to Catholicism, to which it has remained strictly attached ever since, and Wettingen is at the present day inhabited by its wealthy monks. In Thurgau, on the contrary, the Catholic cantons began by forbidding the reading of the Bible, but the reformed religion afterwards gained the ascendancy, and has maintained it to this day, as well as in the Toggenburg, and the Rheinthal. In the midst of the increasing discord, a new firebrand was thrown by another set of fanatics. Two German enthusiasts fancied that the epoch of the kingdom of Christ on earth was come, and that they wuic to be its apostles. There was to be no more sin, no magistrates or princes, no taxes, no tithes, no clergy of any sort. The poor peasants of Germany, oppressed by their rulers, distracted by wars, and bewil- dered with theological disputes which they did not understand, believed the two impostors, one of whom, by name Munzer, seems to have been the most popular. He preached community of goods, and the social and domestic equality of all men. His disciples brought before him what property they had, and it was equally divided. Munzer was proclaimed king, but his kingdom was short, and he ended it on the scaffold. These sectarians were commonly called wiedertdufer, i. e. anabaptists, because they rebaptized adults. They spread into Switzerland. Two men of Zurich became their chiefs. The dissolute, the turbulent, the bankrupts in character joined them. They renounced every form of worship, they assembled in great multitudes in the fields or forests, they threw off all allegiance to the laws or magistrates. Some of their bands had their wives in common. Thomas Schmoucker chopped off with his axe his brother's head on the Muhlwegg, thinking of imitating the example of Abraham, and offering a holocaust for the sins of the world. These were the excrescences, the spurious offshoots of the re- PERIOD IV.] ' HISTORY OP SWITZERLAND. 131 formation. Whenever an impulse is given to large masses by either political or religious innovation, men of weak or disordered intellects, or of corrupt passions, will plunge headlong beyond all rational bounds, not knowing where to stop. Strong measures are then necessary to pre- serve peace, and secure the community from confusion. The cantons, both Catholic and reformed, tried persuasion and mild correction, but to no purpose ; capital punishment was resorted to against the most out- rageous of the leaders, but they went to the scaffold with the zeal of martyrs. At last Bern assembled 6,000 men to put down the bands which were infesting its territory, and were living in a state of open rebellion. Freyburg and Soleure joined their contingents. Zurich took similar measures, and by degrees the sect fell into disrepute, and at last became harmless and unnoticed. The Catholics, however, did not fail to throw the blame of these lamentable excesses on the new doctrines, as being, at least, the indirect cause of all the mischief. The council of Bern, which had long proceeded on religious questions with a caution bordering on irresolution, came at length to a determina- tion. In 1528 it announced the opening of a new and final conference, in order to throw all possible light on the pending controversy. The four bishops of Constance, Basel, Lausanne, and Sion, were invited to attend, as well as the principal theologians of the two parties, the clergy of the city and canton of Bern, and, generally, the learned of any country or faith, with a guarantee of perfect freedom and security. The four bishops, however, refused to attend, and six cantons, namely, the three Waldstatten, Luzern, Zug, and Freyburg, declined sending any deputies. The emperor Charles V. wrote to the confederation, advising them to postpone the meeting, and wait for the council of the whole Church, the assembling of which was then in contemplation. Bern, however, paid no deference to these remonstrances. A great number of clergymen, and men of learning, came from various parts of Switzerland, and the neighbouring countries. Zwingli himself came with an escort. The deputation of Zurich consisted of twenty-five distinguished citizens and councilmen. The cantons of Glarus, Appenzell, Basel, and Schaff- hausen; the towns of St. Gall, Bienne, and Lausanne, and the league of the Grisons, sent each its theologians. It was altogether a solemn as- sembly, the most important that had yet met in Switzerland on this great controversy. Regulations were proclaimed by the council at Bern for the maintenance of order, and to prevent insvilt or inj'ury on either side. It was at the same time proclaimed that no argument would he admitted in the conference which was not grounded on a text of Scripture, to the exclusion of other authorities. This may be con- sidered as deciding the question against the Catholics, in limine^ by re- fusing the authority of the popes and of the church. Many Catholics, however, attended ; the conference lasted nineteen days, and here again the evangelical doctors displayed more learning thau their adversaries. A k2 132 HISTORY OF SWITZERLAND. [period IV. zealous Catholic priest of Soleure observed in a letter, whicli was after- wards published, that " the result would have been very different had the bishops, and the other dignified ckrgy, paid more attention to study, and devoted less time to their mistresses.'* When the conference was closed, the council of Bern, considering the result as decidedly in favour of reformation, decreed the abolition of mass in the capital. They assembled the citizens of every condition, and req'.iested their oath that they would support the government in what they were going to do for the good of the state. They then ad- dressed to all the subjects of the canton a general edict of reformation, consisting of thirteen articles,* explaining the new institutions of the reformed church with regard to dogma, worship, and discipline. The jurisdiction of the bishops in any part of the canton was declared to be at an end. Those parish priests who were refractory against the re- formed doctrine were expelled, the images were suppressed. The in- come of the endowments enjoyed by Cathohcs was secured to the present occupiers for life, to be afterwards appropriated to beneficial purposes. Clergymen were free to marry, all sorts of meat could be used at all times, but " in a spirit of thankfulness, and without giving scandal to their weaker brethren ;'* drunkenness was forbidden, taverns were or- dered to be shut up at nine o'clock. Those monks who wished to remain in their convents were allowed to do so, but they were forbidden to admit novices. These regulations, conceived in a spirit of justice, charity, and libe- rality, while they reflect the greatest honour on the councils of Bern, afford a most favourable contrast to the harsh and rash fanaticism of the reformers in other countries ; and Bern became, and has continued ever since, the steadiest pillar of reformation in Switzerland. At the same time they prohibited for the future receiving pensions from foreign states, or enlisting in foreign services, so far as this could be done without infringing the treaties already existing with France, and other powers; and, in fact, the following year Bern rejected the urgent request of the king of France to extend the capitulation to a further contingent of troops. This good resolve, however, was only kept while the religious fervour lasted which had dictated it. In November, 1528, the five Catholic cantons f and the Valals formed a league for the defence of the Catholic faith, which was called the " league of the Valais." The simple and ignorant population of the latter country had, among their secluded mountains, but lately heard of the new doctrines by means of some preachers from Zurich, who made considerable impression upon them ; being solicited by the Catholic cantons to join their league they had answered at first, " Let the priests and the new ministers dispute these matters among them- * See Appendix, No. iii. f By this appellation the old central cantons are always meant la this period, namely, the Waldstittten, Luzern, and Zug. PERIOD IV.] HISTORY OF SWITZERLAND. 133 selves;" but they were subsequently gained over by their neighbours, ihe canton of Freyburg joined the league afterwards, and, what was worse, the hereditary enemy of Switzerland, Ferdinand of Austria, kin^ of Hungary and brother of Charles V., was admitted the following year into the alliance. ^ ^ Zurich and Bern, alarmed at this, formed a particular alliance between themselves, which they called Christian co-hurghersliip, to which the towns of Bienne, St. Gall, Mulhausen, and Constance acceded. The objects were, their mutual defence, and the protection ot their subjects of the common bailiwicks who would embrace the reformed doctrines, leaving to the rest full liberty of conscience, and ob- serving m every other matter which did not concern religion the obliga- hons which bound them to the other cantons of the confederation, ilus treaty was concluded at Bern on the 3d of March, 1529 The five remaining cantons were divided. At Schaffhausen, the Little Council, or executive, and many of the principal families, remained attached to Catholicism ; but the burghers, assembled in the general or sovereign council, in 1529, carried the resolutions for the reformation by majority. The magistrates had already enjoined the two convents hat were m the town to dispose by sales of the lands they possessed in the district of Hegau. The clergy were allowed to marry ; but at the same tinie they were strictly forbidden to keep concubines, which seems to have been an openly prevalent practice among the clergy in Switzer- land till that time. The mass and images were suppressed. Several families emigrated from Schaffhausen on this occasion. The country populatiori remained divided for some time longer; but the following year, 1530, the evangelical faith obtained tlie ascendancy, which it has maintained ever since. There w^as, however, no blood shed at schaffhausen. At Basle the people fought in the streets, the burghers against their Ca ho he magistrates; they destroyed the images, and at last drove the Cathohc clergy out of the city. The service was ordered to be read in Orerman Most of the nobles, remaining attached to the old faith, were excluded for ever from the senate. The famous Erasmus, a man of quiet, studious habits, left Basle amidst all these tumults; but he returned soon after, and passed the remainder of his life in that city, although he never would openly abjure the doctrines of Rome. NichoIc4 Diesbach, coadjutor of the late bishop, and upon whom that rich see devolved, refused the preferment. Basle, as well as Schaffhausen, was ranked from that time among the reformed cantons. At Glarus, the two parties being equally divided, the struggle was pro- tracted, and the greatest confusion prevailed for a time in its sequestered valleys The worthy landamman, CEbly, by his wisdom and firmness, saved his country from greater calamities. He succeeded in having a com- mission appointed, consisting of thirty members, half of each party who 134 HISTORY OF SWIT35ERLAND. [period IV^ drew the articles of a treaty of pacification, including a general amnesty for the past. It was an edict of mutual toleration, which has ever since maintained peace in that little country, where Protestants and Catholics have continued to this day to live mixed together in good harmony, sharing without distinction in the government and administration of the canton, and in several parishes performing their respective services one after the other in the same church,* a rare example of religious forbearance. In the canton of Appenzell, the reformed doctrines gained ground, chiefly in the external Roden or districts, while the interior and more secluded parts remained attached to Catholicism ; and a separation fol- lowed, by which each of the two districts formed a separate state, although still representing together but one canton of the confederation. At Soleure, where Berthold Haller, the Bernese reformer, had intro- duced the new doctrines, the burghers of the city were mostly in favour of reformation, while the magistrates and the chapter of St. Urs were opposed to it. The Great Council, being divided between the two reli- gions, wished to establish a full liberty of conscience for all. They pro- claimed, "that faith is a free gift of God, which nobody can give, limit, or take away ; that the empire over consciences belongs to God alone, and that consequently all the subjects of the state have a right to follow that doctrine which they think the best." Discord, however, continued to rage in the canton. Bern interposed several times to restore harmony. The reformed doctrines had spread largely in the rural districts ; out of forty-four communes in which the canton is divided, thirty-four had em- braced the reformation. At last, in 1533, the two parties broke out into open war ; the evangelicals were obliged to leave the town. The Catholics, thus having gained the ascendancy in the councils, by degrees excluded the Protestants from the whole country, and Soleure has remained a Catholic canton ever since. But this was not effected with- out great struggles, of which the chronicler Stettler has given a full and interesting account. Soleure is the only canton in which the reforma- tion, after having once obtained a superiority, has been afterwards obliterated. The canton of Freyburg evinced from the beginning a dislike to the reformed doctrines. A few individuals are mentioned, among others a canon of the church of St. Nicholas, who favoured the new faith in 1522 ; but they found such a strenuous opposition that they were * This has also been the case of late years in some communes of the canton of Bern. At Lausanne, in the canton de Vaud, a small church has been allotted for the common use of three communions which dissent from the national Helvetic church, namely, Catholic, Lutheran, and Church of England, the latter congrega- tion consisting of the English residents or travellers. On Sundays the Catholics perform their mass first, after which a screen or curtain is drawn before their altar and imagt-s, and then the other two congregations perform their respective services in succession. At Geneva the English congregation have the use of one of the churches belonging to the established communion, but the Catholics have a separate church for themselves. PERIOD IV.] .HISTORY OF SWITZERLAND- 135 obliged to desist. The canon was expatriated. Great corruption ap- pears to have prevailed among the clergy of Freyburg at that time, i^ we are to judge from certain letters intercepted on the Bernese territory in 1530, as mentioned by Ruchat, vol. iii. p. 63, in which a country curate wrote to a friend at Fffeyburg to send him a courtezan whom he had engaged for his concubine, and also about the gallantries of a famous preacher, Father Jerome by name. Freyburg, however, did not take an active part in the religious wars that followed. The reformation spread early among the Grisons, but did not produce at first any serious troubles. Both parties availed themselves of the opportunity to reduce the power of the Church ; the feudal rights of the bishop of Coire and of the abbeys were suppressed, the corvees abo- lished. The rights of fishing and hunting were restored to the respective communes. The foundations for masses and festivals were applied to relieve the wants of the poor. In all this both Catholic and Protestant agreed, and without quarrelling about theological contro- versies, they turned them to the account of political liberty. The town of Bienne was one of the first reformed, through the agency of its citizen Wyttenbach. That of Mulhausen, an ally of the cantons, though without the borders of Switzerland, also embraced the re- formation. The most strenuous champions of Catholicism were from the first the five old cantons^ namely, the three Waldstatten, Luzern, and Zug. There, reformation made no inroads, or if it did at first at Luzern, it was soon effectually checked by severe measures ; and strictly Catholic they have remained ever since. These five cantons had frequent dis- putes with Zurich and Bern about the common bailiwicks ; a new sub- ject of discord arose concerning the country of Hasli and Oberland. The inhabitants of those sequestered valleys, subject to Bern, but with the enjoyment of important privileges, had embraced the reformation at the same time as the capital. The convent of Interlaken being sup- pressed, the subjects of the convent in the valley of Grindelwald thought they would have no more tithes, offerings, and services to pay. But Bern claimed the payment of these dues, as having devolved on the state. The peasantry then thought they had gained nothing by the reforma- tion, they listened to the suggestions of the expelled monks, they drove away the evangelical preachers, and rose in arms and advanced to Thun. Bern, wishing to avoid hostilities, appealed to the men of Thun and of the neighbouring district, and invited them to decide upon the question. The decision was, "That the temporal rights of the convent devolved on the temporal authorities of the state, and could not be considered as the property of the tenants." The insurgents returned home dissatisfied vvdth the verdict. Next, the mountaineers of Hasli, excited by their neighbours the abbot of Engelberg and the people of Unterwalden, abolished, in 1528, by a majority of votes, the reformed service, and sent for a supply of 136 HISTORY OF SWITZERLAND. [period IV. priests from the Catholic cantons. The other valleys of the Oberland followed the example ; 800 Unterwalders marched over Mount Brunig to their assistance, and advanced as far as Unterseen. Meantime, those inhabitants who remained attached to the reformation applied to Bern for protection. Bern behaved prudently, remonstrated, sent deputies ; but to no effect. At last it put its troops in motion: the insurgents lost conra-e, the Unterwalders returned home, and the country was recon- quered without fighting. The people of Hash were deprived of their banner and of their landamman, and the leaders were severely punished. The rest were obliged to ask pardon in the midst of a circle formed by the Bernese soldiers. The canton of Unterwalden made some sort of excuse for the assist- ance it had given to the insurgents. But other serious causes of irrita- tion occurred in the common bailiwicks, especially in Thurgau, Gaster, and the Toggenburg. Zurich demanded the free exercise of religion for the people of those districts, among whom the doctrines of the reforma- tion had widely spread. But the bailiffs sent there by the Cathohc cantons, in their turn, persecuted the evangelical preachers and their proselytes. Jacob Keyser, a minister from the canton of Zurich, as he was one day going to preach as usual at the parish of Oberkirch, in the bailiwick of Gaster, which was subject to the two cantons of Schwytz and Glarus, was seized by four armed men and taken to Schwytz. After seven days' trial, he was sentenced to be burnt. In vain Glarus remonstrated, in vain Zurich protested, the unhappy Keyser was burnt publicly at Schwytz at the end of May, 1529. In the midst of the ■flames he conrinued to invoke the name of the Lord Jesus. Several traders from Zurich, who had gone to Schwytz on business, were beaten, pelted with stones, and obliged to escape. The Zurichers, on their side, seized the landamman Wehrii of Unterwalden, on his return from Thurgau, where he had, in his capacity of bailiff, persecuted the new doctrines ; and although he wore his cloak with the colours of Unter- walden, in token of his office, he was publicly executed at Zurich. All these and other grievances produced at last an open rupture. Zurich declared war by a manifesto against the five Catholic cantons, and claimed the assistance of Bern. The latter put in motion a body of 10,000 men. St. Gall, Mulhausen, Bienne sent also their contin- gents to the evangelical cause. These allied troops advanced by Cappel towards Schwytz. The five cantons marched to Baar to meet them ; and thus 24,000 Swiss stood opposite to each other, ready to fight. John (Ebly, the landamman of Glarus, who had already saved his own canton from civil war, hastened to the field between the combatants, and interfered with humane zeal in the name of his own and the other neutral cantons, namely Glarus, Appenzell, Soleure, Basel, and Schaff- hausen. Bern appointed a conference to take place at Aarau ; and a suspension of hostilities having been immediately proclaimed, the soldiers of both armies were seen mingling on friendly terms like brethren, PERIOD IV.] HISTORY OF SWITZERLAND. 137 Seeing which, Jacob Sturm, deputy of Strasburg, who had also come on the good errand of peace, exclaimed, "You Swiss are a strange people, for although you seem divided you are still united, and do not forget your ancient 'alliance I" Peace was happily concluded on the 26th of June 1529. This was the first religious peace between the Swiss, and it served as a precedent for subsequent treaties. The articles of the peace were seventeen in number. The principal ones were : that the Catholic cantons should renounce their league with Ferdinand of Austria, the treaty being destroyed in presence of the deputies of all the cantons, the seals being first torn off : that no endeavours should be made to induce the five Catholic cantons or their subjects to embrace the reformed religion. With regard to the common bailiwicks, every parish should decide by plurality of votes whether they would have mass or not, and abstain or not from meat on fast-days, and their decision should be the rule in force as long as the inhabitants continued of the same mind. That those parishes which had already abolished the mass and the images should be left undisturbed. That a full amnesty should be given on both sides for past transactions. The principle of the whole treaty was, perfect toleration. Schwytz was to pay a pension to the children of the murdered Keyser, otherwise called Schlosser. Lastly, none of the cantons were to hold together partial diets, except for pri- vate and particular business ; and the old covenant of Stantz, agreed to in 1481,* was sworn to again as the national compact of the whole Swiss federation. This peace was favourable to the evangelicals, inasmuch as it pro- tected the spreading of their doctrines through conviction, but not by violent means, which is the fundamental principle of the reformed faith. The Catholic cantons were reluctantly obliged to sign it, because they found themselves forsaken by Austria and by the pope. These two powers were then at variance, since Charies V.'s army had stormed and piUa-cd Rome in 1527. On the other side, the Turks, under Sultan Solvman, had overrun Hungary and besieged Vienna, giving full em- plovment to Ferdinand, who, as well as his brother the emperor, deemed it necessary to conciliate the Protestant princes of Germany. Thus these ';rurkish and Italian wars proved indirectly the means of sheltering the growth of reformation both in Germany and Switzeriand. Meantime a dispute had arisen between the Swiss evangelicals and the great German reformer, Luther, on the subject of the eucharist. Luther understood the words pronounced by Jesus at the last supper, « This is my body," in their literal sense, thus acknowledgmg, like the Catholics, the real presence in the consecrated bread. Carolstadt, one of his disciples, refuted this opinion, upon which Luther, through his influence with his great protector, the elector of Saxony, obliged Carolstadt to leave the country, and take refuge, in 1524, m Switzer- * See page 104. 138 HISTORY OF SWITZERLAND. [PERIOD IV- land, where he published several pamphlets on the disputed subject. Zwingli's opinion was likewise opposed to the real presence ; he con- sidered that the consecrated bread was a sjTnbol of the body of Chri&t, a pledge left to the faithful of their communion with their Master, and of their participation in his work of redemption. Zwingli received Carolstadt kindly, which greatly incensed Luther, who, with an incon- sistency lamentable, but common among party leaders, whether in reli- gion or politics, while he was attacking the pretensions of Rome to infallibility, and complaining of its intolerance, acted in this affair as if he were himself infallible, and were entitled to persecute those who happened to differ from him on one particular point of belief. Mallet, the continuator of Muller's history, observes that " men, as long as they are weak and oppressed, claim toleration and liberty for themselves ; but as soon as they become strong, they act in their turn as unjustly and oppressively as their former persecutors." Luther repelled the good offices of Bucer and the other Strasburg doctors, who wished to avoid a schism in the rising church ; he said " that either he or Zwingli and his followers must he the servants of the devil; that he would not give way to those who wanted to weaken his reputation." The landgrave of Hesse invited Luther and Zwingli to meet at Mar- burg, in 1529, in order to come to an understanding on the point in controversy. Zwingli came with (Ecolampadius, and Luther with Melancthon, a man of a gentler mind and of an amiable temper, who lamented these dissensions, but was overborne by the impetuous influ- ence of Luther. The two parties had several conferences, but each remained convinced of its own opinion. The landgrave prevailed on them to shake hands at parting ; but Luther said pubhcly afterwards, ** We have, by so doing, given the Zwinglians a token of Christian charity, but not a title t;o our brotherhood." The landgrave, however, was favourable to Zwir%li's doctrines, and ever afterwards he and his successors bestowed their protection on the Evangelicals, as Zwingli's followers styled themselves. In the year 1530, the reformed religion made great* progress in western Switzerland. Farel, a native of Dauphiny, a man of zealous temper, who had been driven out of France by persecution, was the evangelical preacher in all that part of the country where French is spoken. He went first to several places in the Pays de Vaud ; he preached also at Orbe, where he was severely assaulted by the women, who took part with a Franciscan friar, who was preaching at the same time there. Poor Farel was thrown down, beaten and scratched by the infuriated women, some of whom were persons of rank, and he would have been killed had not the Bernese bailiff saved him. He met with better success at Morat, where the reformation was established. Thence he proceeded to Neuchatel. That country was under the government of Joan of Hochberg, the descendant of the counts of Neuchatel ^ but the HISTORY OF SWITZERLAND. 139 PERIOD IV.] burghers of the town were allied by co-burghership with Bern and other Swiss cantons. Already, in 1519, complaints had been made against the clergy of Neuchatel. The canons enjoyed great revenues, but never preached or did any other service but chauntmg the psalms, and they were called " the dumb canons." The cantons, who at that time, owing to some differences with the countess, had taken temporary possession of Neuchatel, sent deputies to oblige the chapter to appoint a public preacher. But on the reinstatement of the countess matters resumed their former state. Farel was assaulted by the people at Valengin, owing to the intemperance of one of his disciples, who snatched the host • out of the hands of the officiating priest, saying " that was only a poor piece of bread, and not the God they ought to adore." At Neuchatel, on the contrary, the people burnt the images, upset the altars, and, m spite of the opposition of the authorities, demanded that the question of religion should be decided in a general assembly by the majority of votes. They sent also to Bern for support. The councils of Bern acted with their accustomed prudence and moderation. They first wrote to Farel to be more temperate in his speech and acts, and above all " to explain well to the people the nature of Christian liberty, which did not mean bodily licence." The reformers having claimed the protection of the landsfrieden, or " general peace," which had just been concluded among the Swiss, and according to which liberty of conscience was granted to those who adopted the reformation, Bern at last sent a deputation to Neuchatel to protect the burghers, who having assembled on the 4th of November, decided by a majority of eighteen votes that mass should be no longer performed in the town, that images should be removed, and that other Catholic observances should be abolished. At the same time the property of the monasteries was to be respected, the census or poll tax and tithes were to be paid to the countess, and in all other respects the conditions of the landsfneden were to be observed. After this they placed an inscription over the gate of the principal church, stating that on the 23d of October idolatry was abolished there. Farel proceeded next to the valleys of the Jura, which were under the lordship of the bishop of Basle. The Val St. Imier embraced the reformation ; but in the neighbouring valley or provostship of Moutiers Grandval great disturbances arose. This district was under the feudal jurisdiction of the chapter of Moutiers, of whom the people had been complaining for some time, on account of their extortions for burials, wax-tapers, and other pretences. Once a year, it seems, the provost assembled the people in the church, and solemnly challenged them to acknowledge whether they had been guilty of fornication or any other secret sin ; and every one who did so acknowledge, or who was informed against, was tried by a court of justice, which assembled in the church, and the delinquent was fined three livres of Basle money. On arriving at Moutiers, Farel found, therefore, the minds of the people disposed to 140 HISTORY OF SWITZERLAND. [period IV. listen to hira. They at once broke the images and prevented the service of the mass. The bishop of Basle, hearing of this, wrote to the council at Bern, requesting them to use their influence to remove Farel. Bern wrote a monitory letter to Farel, recommending him to restrain his zeal within proper bounds, and above all to explain to the people the nature of evangelical liberty, *' for there are many persons who imagine that if they join us they will be freed from the payment of tithes and other duties." Meantime the affairs of the reformation in Germany had come to a crisis. In March, 1529, the diet assembled at Speyer passed, by a ma- jority of votes, a proclamation restraining the liberty of conscience. The electors of Saxony and of Brandenberg, the duke of Luneburg, the landgrave of Hesse, and the prince of Anhalt, drew up a solemn protest against this resolution, appealing to the emperor, who was then in Spain, or to a free council. The imperial cities of Augsburg, Nurem- berg, Ulm, Constance, Lindau, St. Gall, «&c., signed the protest and the appeal. Hence the name of Protestants, which originally was only applied to the German reformers, but which afterwards became a general appellation for all the reformed churches who seceded from Rome. Charles V. having settled his disputes with pope Clement VII. and with France, turned his attention to the religious affairs of Gennjiny. At a conference with the pope at Bologna, in November, 1.529, Clement prevailed on him to promise that if the Lutherans could not be brought back to the bosom of the church by mild means, which Charles naturally preferred, they should be forced by arms. In January, 1530, the eni< peror wrote to the states and princes of Germany to assemble in diet at Augsburg in the following April, and that the evangelical members should bring a written profession of their faith both in German and Latin, in order that differences might be settled, and a general reconciliation effected. The reformed theologians of the various states were thereupon each commissioned to write a summary of their doctrines ; and the task of examining all these papers, and of extracting from them a good and explicit confession of faith, which should serve all the German reformers, was entrusted to Melancthon. This was an arduous charge, especially to a man of Melancthon's concihatory temper, which greatly differed from that of Luther and of most other reformers. He acquitted himself, however, creditably of his task. When the confes- sion was written, John elector of Saxony sent it to Luther at Coburg to revise it. The latter approved of it without any exceptions. On the 25th of June, 1530, the elector, accompanied by John Frederic his son, by George margrave of Brandenburg, by Ernest and his brother Francis,' dukes of Bnmswick and Luneburg, by Philip landgrave of Hesse, and Wolfgang prince of Anhalt, and by the deputies of two imperial to'wns, brought into the diet the confession of faith sanctioned by Luther, and presented it to the emperor. It was then read aloud by the chancellor PERIOD IV.] HISTORY OF SWITZERLAND. 141 in the presence of all the states of the empire. From that time it has been known as the Confession of Augsburg. The article of it concern- ing the mass had been somewhat softened down in order to propitiate Charles V., who had declared, that he would allow the Lutherans to attack popery in every thing except the subject of the mass ; " for the mass was in his heart, and he could not bear to part with it." The fol - lowing year, however, 1531, the Confession of Augsburg was printed at Wittenberg, with some alterations on that as well as on the subject of the eucharist ; and this corrected edition has been ever since considered as the profession of faith of the Lutheran churches. Zwingli, on his side, published his confession of faith, which differed from that of Augsburg, especially on the subject of the real presence, which he totally denied. This confession, which was called Evangelical, was also taken to the emperor by the deputies of three cantons, Bern, Zurich, and Basle, who had meantime entered into an alliance with the landgrave of Hesse and the city of Strasburg to defend each other against any one who should molest them concerning their religion. It is a remarkable fact that Francis I. at that time asked to be received into the alliance, but his offer was declined.* On the 19th of November, 1530, Charles V. published an edict, enjoining all subjects of the empire to live according to the regulations of the Roman church, until a general council should be assembled, and threatening those who should not conform to this order. It was then that the German reformed states assembled at Smalkald, in December, and entered into a resolution to defend each other mutually, and to repel force by force. This was called the League of Smalkald. They also protested, with the elector of Saxony at their head, against the election of Ferdinand, Charles's brother, as king of the Romans, by which Charles, who was occupied with the affairs of Spain and Italy, meant to transfer to his brother the imperial authority. Ferdinand, however, was elected at Cologne in January, 1531. The reformed cantons were invited to join the League of Smalkald at the instance of the landgrave of Hesse, who saw the urgency of the Pro- testants strengthening themselves by all means within their reach ; but the elector of Saxony imposed as a condition that they should all sign the Confession of Augsburg. This the Swiss reformers refused to do, upon which the elector of Saxony said that although the alliance of the Swiss cantons would have been most useful to the Protestant league, yet " his conscience would not permit him to ally himself with people who differed so essentially from the rest upon the dogma of the eucha- rist." From this cause the Swiss evangelicals continued separate from the German Protestants, or Lutherans, ever after, and they remained in great measure, and perhaps luckily for them, strangers to the religious Hottinger, p. 580. 142 HISTORY OP SWITZERLAND. [period IV. wars of the empire. But there were in Western Germany many who followed the evangelical or Swiss doctrines, among whom were the elector palatine and the landgrave of Hesse. In a great synod held at Bern in 1532 the articles of the "Helvetic Confession of Faith " were finally established and proclaimed * They are essentially the same at those of the French reformed church, of the kirk of Scotland, and ot the greater part of the churches of the Netherlands. The five Catholic cantons, dissatisfied with the spreading of the reformed doctrines in consequence of the liberty of conscience granted by the religious peace of 1529, and emboldened by the appearance of affairs in Germany, sought an opportunity for a fresh quarrel. The reformed cantons, and Zurich especially, were not long before they furnished them with a plausible one. Zurich and the reformed part of Glarus had been promoting the reformation in the territories of the abbot of St. Gall with a violence of zeal that made them overlook the dictates of justice and the faith due to existing treaties. On the death of the abbot, in March, 1529, the four cantons, pro- tectors of the abbey, Zurich and Glarus on one side, and Luzern and Schwytz on the other, disagreed about the election of his successor. The monks had elected Kilian ; but Zurich refused to acknowledge him "unless he proved by the Scriptures that a monastic life and its practices were acceptable to God." Those subjects of the abbey who had embraced the reformation declared also against him. At Wyl they openly revolted against the abbot's authorities. Kilian escaped with his monks to Bregentz, in the Austrian territories, taking with him the gold and silver of the abbey and the title-deeds. He then went to Augsburg to ask the assistance of Charles V. ; but on his return to Bregentz he was drowned, in August, 1530, in fording a river. The monks next elected Diethelm Blaater. But Zurich and Glarus took upon themselves to sell the abbey with its dependencies to the town of St. Gall, after removing the remaining valuables. Six of the monks embraced the reformed doctrines, and were allowed pensions. The Toggenburgers were declared free on paying to Zurich and Glarus 14,000 guilders. The abbey was thus completely secularized by force. The other cantons, and even Bern, disapproved of this arbitrary pro- ceeding, which was an infraction not only of the rights of the abbey, but also of those of the other co-protectors. At a general diet held at Baden in January, 1531, the five Catholic cantons remonstrated strongly. Zurich, on its part, assumed a very high tone, and demanded that the Catholic- cantons should allow the Scriptures to be freely read amongst them. At this diet the evangelical cantons objected to the test * of plurality of votes in the diets being conclusive in matters of religion, for the Catholic cantons, being many and small, were always sure of a majority against the reformed ones, who were few though large. This * See Appendix, No. iv. PERIOD IV.] HISTORY OF SWITZERLAND. 143 was a grave question, thus first broached, for it affected the very con- stitution of the confederation. Zurich, in order to force the Catholic cantons to submit to its dicta- tion, forbade all commerce with them, and even prevented the supply of necessary articles of provisions, such as salt, which the people of the Waldstatten used to receive through Zurich. Zwingli opposed, as became a minister of the gospel, this uncharitable interdict, a«d he even preached against its principle on Whitsunday, 1831. The inha bitaiits of the five cantons became furious. They considered themselves, and not without reason, unkindly treated. '* The sword alone can unloose the knot," was the cry in the Waldstatten. In September manifestoes appeared on either side. Ziurich, which had shown in this business, as it had done in others, an intemperate and overbearing spirit, asked Bern, and the other reformed cantons, for the assistance stipu- lated by the so-called Christian League of March, 1529. Bern, although wishing for peace, could not refuse the appeal ; it raised a body of 8,000 men. The few Catholic cantons, strengthened by a body of Valaisans, assembled their troops at Zug ; and the Duke of Savoy, and the Pope, Bent them some Italian auxiliaries. The Zurichers divided their forces into small detachments, one of which, 600 strong, took a position at Cappel, on the road to Zug. But as the Catholics threatened that po- sition, they collected in haste a body of 2,000 men to reinforce it, and Zwingli was ordered by the magistrates to accompany the soldiers, as it was known that his presence would tend greatly to encourage them, and as it was also customary for a minister to attend whenever the great banner of the city was unfurled. Zwingli obeyed, though with gloomy forebodings of the result of the strife, which he told his friends " would be the death of him, and of many other honest citizens." He was observed to pray fervently during the whole march. While this reinforcement was moving from Zurich, the Catholic troops, 8,000 strong, marched out of Zug on the morning of the 11th October, to attack the detach- ment at Cappel. The Zurichers who were posted there, being joined by people from the country, amounted to about 1,200 men. The attack began by a cannonade, which lasted from twelve to three in the after- noon, when the reinforcement of 2,000 men from Zurich appeared in sight, but in a state of great confusion, the troops having been hurried on their march by repeated messages, and having left a number of strag- glers behind. The day was waning fast, and it seemed at one time as if the Catholics would defer the attack to* the following morning. But a veteran warrior from Unterwaldeu, by name Tauch, advised an imme- diate assault on the Zurichers before the reinforcement had time to put themselves in order. This advice was followed, and he led the attack. The Zurichers, besides their great inferiority in numbers, were taken by surprise ; their artillerymen had abandoned their duty, and their pieces were not served. Their leader Lavater, and Zwingli himself, encou- 144 HISTORY OF SWITZERLAND. [period IV. raged the men, the latter crying out to them that " their cause was good, and that God could still save them.'^ They fought bravely, but without order. The main body of the Catholics having rushed in upon them, broke through as far as the banner, which the Zurichers defended desperately for a time ; at last the rout became general. Zwingli had fallen in the thickest of the fight. The Catholics pursued their enemies for some distance, after which they returned to the field of battle, when they knelt down, according to the old Swiss custom, and thanked Heaven, the Virgin, and all the celestial host, for having given them the victory. They then went about asking the wounded if they would confess or invoke the saints, and those who refused they de- spatched with their pikes. Some, however, there were among the Ca- tholics who had more humanity than the rest, and who took the wounded to their tents and nursed them. Next day the body of Zwingli was recognized among the slain. The Catholics instituted a court-martial over the senseless corpse, and con- demned it to be broken in four by the common executioner, and then burnt to ashes, and the ashes mixed with rubbish and scattered to the winds. Such was the end of Ulrich Zwingli, the great reformer of Switzerland, a man single-hearted, pious, and disinterested ; who, al- though warm and zealous in his cause, was as free as the times allowed from any violence or fanaticism, and still more from inhumanity towards his antagonists. He died in his forty-eighth year. His works, most of which he wrote in Germany, were published in four volumes, folio, at Zurich, in 1542; they consist of commentaries on the scriptures, theo- logical tracts, letters, and exhortations, and the treatise *' on true and false religion," which contains a brief exposition of his doctrines. The defeat of Cappel threw Zurich into consternation. Nearly 100 burgesses, including 26 councillors, and 15 clergymen, and about 1,000 men, altogether had fallen ; 4 standards and 18 cannon were lost. The disorder of the remaining troops, and their murmurs, gave fresh life to a party, which still existed at Zurich, opposed to the reformation. Nevertheless the national spirit of the people came to their aid ; and the inhabitants of the country districts remained faithful in this emergency. Mount Albis was covered with fresh troops, and messengers were de- spatched to Bern to urge the advance of its contingent. The Bernese, 4,000 strong, were joined by volunteers from Basle, Schaffhausen, So- leure, Neuchatel, and even from Lausanne and Geneva. This army, after passing Bremgarten, followed' the course of the river Reuss, and plun- dered on their way the convent of Muri. They then entered the canton of Zug and took Baar three days after the battle of Cappel. The Catho- lics, to the number of 10,000, were posted on the Zugerberg, a hill which overlooks the town of Zug. But the Bernese, and their allies, instead of attacking their enemies with all their force, amused them- selves in marauding over the country. While many of them were thus period IV.] history of SWITZERLAND. 145 dispersed in the villages, Hug, son of the Avoyer of Luzern, surprised them in the middle of the night of the 24th October, killed a great many, and drove many more down the ])recipices, where they perished. The main body of the Bernese remained inactive, fearing to strike their own friends. The loss on their part was about 1,000. This second defeat was fatal to the cause of the Evangelicals. The people of Glarus and of Toggenburg detached themselves from the alli- ance, and considered about the means of making a separate peace. Ten thousand men from the Grisons, who were on their march to protect the canton of Zurich, halted, and then returned home. The people of Zurich called loudly for peace. Luckily, the Catholic cantons were no less desirous of it : they felt severely the scarcity of provisions, arising from the interruption of communications ; and many moderate men on both sides deplored this war between fellow-countrymen. In these cir- cumstances, the neutral cantons, as well as the envoys of France and Savoy, interfered to bring about a peace. The demands of the Catholics were at first moderate ; but the greatest difficulty was that of the com- mon bailiwicks, the reformed cantons wishing them to have full liberty of conscience, whilst the catholic ones earnestly maintained that " they could not in conscience allow their subjects a liberty which must prove detrimental to their salvation, and would be a temptation and a snare unto their souls.'* Meantime the magistrates of Zurich, being urged by the people and threatened by the Catholic troops, concluded in haste a separate peace, which was signed at Baar on the 20th November, 1531. The first article was as follows : " We, the people of Zurich, promise to leave unmolested, as we ought, our faithful and beloved confederates of the five cantons, their allies of the Valais, and all their adherents, now and for ever, in their ancient^ true, and undoubted Christian faith, without importuning them by any disputations, and renouncing all evil intrigue or artifice. We, the five Catholic cantons, promise to leave on our part our confederates of Zurich and their adherents in the peaceful exercise of their religion." The Zurichers were to renounce the so- called Christian league, and to pay the expenses of the war. The Bernese, being left alone, soon after subscribed to similar condi- tions. The common bailiwicks were thus left at the mercy of the Catho lies, although the latter promised not to molest those of the inhabitants who had already embraced the reformed religion. But covert means were not wanting to suppress the reformed doctrines. The images were re-established every where, the evangelical ministers were expelled from many places. The Abbey of Wettingen was restored to its monks. The abbot of St. Gall re-entered his abbey in triumph, and the town of St. Gall lost its purchase, and was obliged to pay 10,000 florins. The Toggenburghers were again placed under the dominion of the abbot, but they preserved their liberty of conscience. Bern likewise maintained vrith firmness the same privilege for those inhabitants of Aargau who 146 HISTORY OF SWITZERLAND. PERIOD IV. had embraced the reformation. At Soleiire fresh troubles broke out; the Catholics were on the point of firing on the assembled Evangelicals, when the old avoyer, Nicholas von Wenger, stepped before the loaded cannon, crving out, « If you want the blood of your countrymen, take mine first." This noble act, and the aspect of the venerable magistrate checked the fury of the people, and no blood was spilt ; but the reformed families were obliged to leave the canton. Soleure, as well as Freyburg, joined henceforth \he five old cantons, so that the Catholic cantons be- came seven, while the reformed ones remained four, namely, Bern, Zu- rich, Schaffhausen, and Basle ; and this line of demarcation has conti- nued ever since. Glarus and Appenzell alone remained mixed. The treaty of Cappel, however, insured internal peace to the Swiss cantons for more than a century after. , -, • ^ a We now turn again to the affairs of western or romande Switzerland, as it is called, to distinguish it from old or German Switzerland. It wa^ onlv in the sixteenth century that Geneva and Vaud became con- nected with the Swiss confederation, of which they now constitute an essential part. Until that epoch, Geneva had been governed by its so- verei-n bishop, who was a prince of the German empire. The bishop was elected bv the chapter, conjointly with the burghers ; he had no armed force at his disposal, and his authority was very limited. The counts of the Genevois, Comites Genevensium, being feudal lords of the empire over the province, of which Geneva was the chief town, adminis- tered justice ; but their authority in the city was limited by that of the bishop, who had his own courts of justice, and whose jurisdiction was independent of that of the counts. Placed between these two powers, the burghers contrived to extend their privileges; they secured lor themselves the election of the four syndics and a treasurer, who ap- pointed their assessors. The general assembly of the citizens was con- suited about all new taxes, alliances, and other important affairs. 1 he bishop, after his election, made oath before one of the syndics to preserve inviolate the liberties of the citv, ^^hich liberties and franchises were embodied in a charter, and made public in 1387, by order of the bishop Fabri, and by him solemnly confirmed. Another powerful house, how- ever, grew up in the neighbourhood of Geneva, and aspired to extend its power over the citv. This was the house of Savoy, sprung from the counts of Maurienne. Amadeus V., count of Savoy, had already, in 1285, formed an alliance with the citizens of Geneva, promising to de- fend their liberties against their bishop, who happened to be brother to the count of Genevois. Amadeus was made Vidomne, Ticedominus, having jurisdiction in all civil causes, though subject to appeal. The bishop agreed to this appointment, on condition that the count should acknowledge himself as his vassal ; but the vassal, being more powerful than the lord, often forgot his allegiance, and even expelled the bishop's officers from the town. In 1417, Amadeus VIII., count ot PERIOD IV.] HISTORY OP SWITZERLAND. 147 Savoy (afterwards pope Felix V.), purchased from the collateral heirs of the last count of Genevois, all their rights over the county, after which he obtained from the emperor Sigismund the formal investiture of the same, as well as the title of duke of Savoy. He also proposed to the bishop of Geneva to give up to him his temporal rights as prince of that city, and he obtained for the purpose a bull from pope Martin V., au- thorising the bishop to give up his sovereignty, if so inclined. The bishop, in compliance with his oath, asked the opinion of the assembly of the citizens. Their unanimous answer is contained in the following resolutions, which form in a manner a charter of the liberties of that small but interesting republic:— "Whereas for the last 400 years, during which the city of Geneva and its territory have been under the dominion of their church, they have experienced from the latter a mild and kind treatment, and have been governed in peace, it appears to them neither useful nor honourable to the church and the bishop, but dangerous and detrimental to the state, to admit of any transfer or aliena- tion. They are determined, as much as it lies in their power, never to submit to any foreign dominion ; and they intend to remain, they and their successors, under the government of the church and its pre- late, requesting the latter to govern faithfully, and agreeably to his en- gagements and oaths, and to maintain his rights as he has hitherto done ; they, the syndics and citizens of Geneva, on their side promising to give him every assistance in case of need, as well as to all his succes- sors legitimately elected, that is to say, by the people in general council assembled:' These resolutions were passed and solemnly confirmed by the bishop in 1420. That same year the emperor Sigismund, by a special diploma or bull, recognised Geneva *' as an imperial city, a noble member of the empire, which he takes under the wings of the im- perial eagle, subject only to himself and the empire directly, forbidding all princes, barons, and other officers, and particularly Amadeus, duke of Savoy, to annoy in any manner the bishop and church, and all who are liege to them." But Sigismund and his successors were too much engrossed by their own affairs to enforce their decrees about Geneva. In fact, the dukes of Savoy continued to exercise much influence in that city, by contriving to have"^its bishops elected among individuals of their own house : one of them, Philip of Savoy, was elected at seven years of age. Charles III., duke of Savoy, who at the beginning of the sixteenth century- succeeded the good Philibert, showed himself especially disposed to encroach on the liberties of Geneva, and was favoured in his views by the bishop, Pierre de la Baume, a weak unprincipled man, who seemed wiUing to abdicate his temporal rights in favour of Charles. The citi- zens became alarmed, and turned their eyes towards the Swiss cantons for protection. One of the former bishops had, in 1478, concluded a treaty of alliance for himself and the citizens with Bern and Freyburg. Berthelier, a citizen of Geneva, who was exiled on account of some l2 148 HISTORY OF SWITZERLAND. [period IV« PERIOD IV.] HISTORY OF SWITZERLAND. 149 affray with the bishop's authorities, and had retired to Freyburg, of which city he was also a burgher, proposed to the latter canton to rene\f their alliance with Geneva. The project was approved of by both par- ties, and the treaty of alliance and coburghership with Freyburg was concluded in 1519. Berthelier returned to Geneva. The city was now divided into two parties ; the more numerous, who were for independ- ence and the alliance with Freyburg, styled themselves Eulgenosscn, *' bound bv oath," in imitation of the Swiss confederates ; and they gave their antagonists, who were devoted to the house of Savoy, the appellation of Manielonks. Tlie word Eiclgenossen, disfigured by a French pronunciation, was transformed into that of Huguenota^ and was afterwards applied generally to the French Evangelicals or Calvinists, for whom Geneva was the model or leading church. But, in the origin. Huguenots meant the republican party at Geneva,most of whom became also, as we shall see, converts to the reformed doctrines. The Duke of Savov, incensed at the news of the alliance, marched with 10,000 men against Geneva. The syndics protested ; but being unable to resist, and counteracted by the duke's partisans witliin the town, the gates were opened, the troops entered, and lived at free quar- ters upon the inhabitants. Berthelier was executed, and other acts of vengeance were perpetrated. The canton of Freyburg, being apprised of this, marched troops into the duke's territories of the Pays de Vaud ; whereupon the duke issued a general amnesty, and withdrew his army from the city, having first obliged the latter to rescind its alliance with Freyburg : but he continued, in concert with the bishop, to persecute the Huguenots, under various pretences. This state of things lasted several vears, duvinsr which Geneva suffered severelv. At last, in 1525, tlie duke, having taken part in the great contest between Francis I. and Charles V. for the succession to the duchy of ^Milan, found it necessary to pass into Piedmont, and he never after returned to Geneva. During Ins absence the Huguenots became bolder, and talked of renewing the alliance with Bern and Freyburg. Tiie two cantons, being sounded, were found to be favourably disposed. The bishop, Pierre de la Baume, unal)le to resist the general impulse, and wavering between his devotion to the duke's interests and the wish to retain his own authority, declared that he would oppose no obstacle to the alliance. The citizens were unanimous, and a treaty was concluded in February, 1526, by which the two cantons engaged " to defend Geneva against all attacks on their person?, properties, liberties, privileges, jurisdictions, and ancient usages." Geneva took a similar engagement towards the cantons; with this difference, however, that its citizens were to pay for all assist- ance afforded to them, but were to furnish aid to Bern and Freyburg, when required, at their own expense. This was a general condition in all tlie treaties of alliance between the Swiss cantons and their weaker neighbours. But as Geneva was more likely to be in want of assistance than Bern and Freyburg, the Genevans thought themselves fortunate in concluding the treaty. The duke exerted himself strenuously to dissolve this alliance ; but the cantons stood firm, and at last signified to him that, if he did not desist from annoying Geneva, they would rescind their ow^n treaties with Savoy. From that moment the Mamelouks lost atl influence in the town, and they at last emigrated. Being summoned by the magistrates to return and give an account of their conduct, they were, on their non-compliance, declared outlaws, and their property was confiscated. They then joined the Savoyard nobles in the neighbour- hood, and formed with them an offensive league against Geneva. They took the name of " Knights of the Spoon," on account of their having boasted that they would hew down the citizens, and cut them into small pieces, so as to be able to cat them with their spoons, and they wore, accordingly, as a badge of their confraternity, a spoon. They ravaged the estates of the citizens outside the town, burnt the suburbs, killed those of the inhabitants they fell in with, and blockaded the place in order to starve it. It was during this most calamitous period that the Genevans showed an energy and perseverance worthy of the highest praise ; resisting all the intrigues of the duke and of the fickle-minded bishop, who still lemained within the city, as well as the open attacks of their enemies from outside, and holding fast by the treaty with the cantons, as their only anchor of safety. At this time also the doctrines of the reformation began to spread rapidly amongst them. The flagrant im- morality of the clergy contributed to this. The bishop himself, Pierre de la Baume, had the audacity, during the Lent of 1527, to carry off by force a young woman of a respectable family ;* and it was not until the people had assembled in great numbers round the episcopal palace, and compelled him to do so, that he restored the girl to her parents. Bon- nivard, prior of St. Victor, was one of the first to preach in favour of a reformation in religion. But here again a new difficulty arose. Freyburg, one of the two allied cantons, wrote tliat if the Genevans abandoned their old faith it would renounce their alliance. The magistrates, therefore, were cautious not to encourage the spreading of the new doctrines. Geneva meantime was reduced to the greatest extremities by the Savoyard nobles and the knights of the spoon ; the citizens could not venture out of the walls, no provisions were allowed to come in, and they suffered the severest privations. At last, after rejieated but useless ne- gociations, Bern and Freyburg resolved, in 1 530, to take the field, and relieve their ally. A Bernese army of 7,000 men, under John d'Erlach, joined by 2,000 men from Freyburg, 500 of Soleure, and 3,000 volun- teers from other parts, and eighteen pieces of cannon, entered the Pays de Vaud, which they crossed without opposition, although they com-v * Ruchat, torn, ii. p. 277. I J 150 HISTORY OP SWITZERLAND. [period IV. mitted serious depredations on the subjects of the duke, and arrived at Geneva on the 10th of October, having on their march taken and destroyed the castles of the knights of the spoon. The other cantons and the Valais now sent deputies to mediate a peace, and the treaty of St. JuUen was the result. The duke engaged, among other things, that if he should be the first to attack the Genevans again he should forfeit the Pays de Vaud to Bern and Freyburg. The Swiss army left Geneva, after having been paid by the inhabitants, who with great difficulty raised the sum required. By another convention concluded at Payerne, in December of the same year (1530), before the deputies of all the cantons, and to which Rene de Chelant, marshal of Savoy and ambas- sador from the duke, affixed his signature and seal, the treaty of St. Julien was confirmed, and particularly the clause concerning the Pays de Vaud.* The prior Bonnivard, whom the duke had kidnapped and confined in the dungeons of Chillon, was to be released. The Duke was to defray the expenses of the war, and pay an indemnity to Geneva ; and, on the other hand, he was to appoint a Vidomne in the latter cit)^, to administer justice. The duke appointed this officer, but neglected to perform the other conditions of the treaty. The preaching of the reformation had formed two new parties in the city. The majority of the people and some of the magistrates were favourable to it ; but the clergy, most of the councillors, and of the wealthy citizens, were for remaining Catholic. Farel, who had come to Geneva, was driven away, but some of his disciples continued to preach. In 1533 the animosity between the two parties had reached the greatest height. Conspiracies, seditions, murders, were the melancholy conse- quences. Relative was against relative, brother against brother, father against son. The magistrates endeavoured to enforce mutual toleration. On the one hand they forbade any one to preach without leave of the ecclesiastical authorities, and on the other they forbade preaching in favour of any dogma or rite that could not be proved by the Scripture. By this singular impartiality they forbade, in fact, preaching at all. The bishop had sent for a famous doctor of the Sorbonne called Furbitty, who began to thunder against all heretics, Arians, Sabellians, Wal- denses, Germans, and Swiss ; comparing them to the wretches who divided amongst them the garments of our Saviour. Bern, offended at the language of the doctor, dispatched a vehement letter to the council of Geneva, demanding the arrest of Furbitty for the insult offered to the evangelical cantons. Meantime Farel had returned, and was holding * Delia Chiesa, and other historians favourable to the house of Savoy, deny this clause ; but the treat} existed in the archives of Bern, whence Stettler copied it at full length. Wursisen of Basle relates the same. Ruchat gives good proofs of the fact ; among others, that the good citizens of Soleure, foreseeing that the duke would not keep his promises, and wishing to have a share in the future division of the Pays de Vaud, pressed their neighbours of Bern that they might also be included in the treaty of Payerne, which demand the latter civilly evaded, HISTORY OF SWITZERLAND. 151 PERIOD IV.] forth against Furbitty and the Catholics. Freyburg now demanded that Farel should be punished for preaching against its religion, and threat- ened to withdraw itself from the alliance. The grand vicar of the bishop on his side issued a mandate to burn all the bibles in French or German. Furbitty was arrested, and being ordered to retract, and to apologise to Bern, he refused, and was detained in prison for two years. Bern insisted on the pubhc preaching of the Gospel, and the council being obliged to accede, Farel preached in the church of the Franciscan convent, and made numerous proselytes. Then it was that the deputies of Freyburg declared, in presence of the council of Geneva, on the 23d of April, 1534, that the alliance on their part was at an end, and they publicly tore the seals from off the treaty, which they had brought with them. Bern remained now the only ally of Geneva, and its influence became paramount. The reformers, thus emboldened, kept no measures ; they overturned the altars, and destroyed the images. Many Catholic fami- lies emigrated. The bishop, who had retired to Gex, excommunicated the town. The sovereign council of Geneva then declared that the bishop's authority was at an end, and his see vacant. The canons retired to Annecy, whither the see of Geneva was finally transferred. On the 10th of August, 1534, the Great Council forbade the mass till further orders. Another edict enjoined that God should be worshipped according to the Gospel, and it forbade every act of papal idolatry. The Catholic party in the town dwindled to nothing ; but the nobles of Savoy and the bishop blockaded Geneva, and annoyed the citizens. Bern remonstrated repeatedly for more than a twelvemonth, but without effect. The duke, who was engaged in war with France, pleaded his inability to restrain his turbulent Savoyard nobles ; but he had certainly given repeated proofs of his insincerity concerning the stipulations of the Treaty of St. Julien. He still held Bonnivard in prison at Chillon. On the other hand, Bern was probably not sorry to have an opportunity of seizing the Pays de Vaud. But the Bernese council did not go hastily or rashlv to work. Well aware that the other cantons were jealous of them* they wished to be assured of the support of their own countrymen ; and with that view, on the 25th of December, 1535, they sent circular letters to all the communes of the canton, representing the intolerable vexations inflicted by the duke and his subjects upon then: allies and religious brethren of Geneva, whom they declared it to be their intention to relieve. Being assured, in answer, of the general sympathy of the people, and of their co-operation, the Great Council of Bern formally declared war against the duke of Savoy, m consequence of his breach of the Treaty of St. Julien, and of the state of mtolerable oppression in which he held the city of Geneva, on account of its reli- gion. The Bernese army, 7,000 strong, marched in January, 1536, by Morat ; and as they proceeded, they received the submission of most of 152 HISTORY OF SWITZERLAND, [period IV. the towns in the Pays (le Vaud. except Yverdun. 4,000 of the duke's men who were at Morges crossed over to Savoy, after plundering the inhabitants, violating the females, and committing all sorts of atrocities in a country which they were going to leave for ever. In eleven days the Bernese entered Geneva, where they were hailed as deliverers. The duke was at the same time attacked by the French, who conquered all Savoy and the greater part of Piedmont ; so that he was stripped at the same time of all his dominions. The Valaisans, on their side, by an agreement with Bern, took for themselves all that part of the Chablais which extends along the southern shore of the lake of Geneva, as far west as the river Drance. The Bernese now unexpectedly demanded of the Genevans the sur- render of all the rights and revenues which the duke and the bishop held over the city. The Genevans, surprised at this demand, calmly but firmly refused. They sent deputies to Bern to represent that they had borne and suffered much for the maintenance of their independence, and they besought their allies of Bern not to stain the glory of their generous assistance by enforcing oppressive pretensions ; at the same time they offered to defray the expenses of the war. The negotiations lasted five months, and, luckily for the character of Bern, not less than for the independence of Geneva, the Bernese councils desisted from their unjust demand. In August, 1536, a treaty was concluded between the free town of Geneva and the canton of Bern. The coburghership was renewed for twenty-five years, at the expiration of which it was converted into a per- petual alliance. Geneva retained all the lands of the Bishop, Chapter and Convents, and of the priory of St. Victor, the Bernese reserving to themselves an appellate jurisdiction over those lands in all cases in which formerly appeal lay to the Dukes of Savoy. The city and its territorv were declared free from all jurisdictions of the neighbouring lordships. It is a curious fact, that as soon as the Bernese claims had been set aside, the King of France sent a message to Geneva, with a project for uniting that city to his kingdom, under apparently very favourable conditions ; but his offer was civilly though firmly rejected. Thus Geneva became a really independent republic, and the evangelical religion was solemnly established there. The effects of these changes were soon perceived in the revival of activity, industry, and trade. A number of foreigners from France, Italy, and Savoy, came to reside within the walls of Geneva, bringing their property with them, for the sake of enjoying peace and liberty of conscience. The Genevans reaped the fruits of a seventeen years hard struggle during which they displayed a perseverance and a steadiness of purpose beyond all praise. It was only in 1537, the year after the liberation of Geneva by the Bernese, and after its independence and religious liberty were both secured, that the celebrated preacher, John Calvin, made his first appearance in that city. Of this remarkable man and of his connexion with Geneva wc shall speak hereafter. HISTORY OF SWITZERLAND. 153 TFRIOD IV.] The Bernese had, meantime, reduced the whole Pays de Vaud into sub- jection. Those towns which submitted voluntarily had their privileges confirmed, and the inhabitants were allowed the free exercise of either religion ; whilst those that were forced into submission, such as Yver- dun° were obliged to give up their charters and franchises to the con- querors. Lausanne had not been visited by the Bernese, that city forming a separate sovereignty, and being still governed by its bishop, who was a prince of the empire. The citizens, however, had treaties of cobur- ghership with Bern and Freyburg. The bishop, at this time Montfaucon by name, had frequent altercations with the citizens, and in an evil hour fjr himself he declared for the Duke of Savoy against the Bernese. The latter marched upon the town and the bishop fled to Freyburg. Tlie citizens opened the gates to Bern, which took possession of all the lands and jurisdictions of the bishop, extending over Lausanne, Avenches, Lucens, and Pully. Lausanne obtained the confirmation of its ancient privileges ; it retained its local judicature and the possession of the pro- perty of the convents and churches. The municipal government was left as before to a burgomaster and three councils elected by the bur- gesses. Bern reserved to itself the appellate jurisdiction, the right of pardoning, the mint, the military command, the castle, and the cathedral. The whole Pays de Vaud was divided into eight bailiwicks, a bailiff from Bern being appointed to each. Every bailiff had a court of twelve judges who received appeals from the local courts. A treasurer was appointed to receive the taxes and dues and to enforce the sovereign rights of Bern. The native militia was maintained. The bailiff of Lausanne, who replaced the bishop, swore before the Burgomaster to maintain the rights, franchises, and usages of the town, both writle?i and traditional. The people in general were pleased with the change, except the nobility, who lost their influence by passing under the dominion of a republic. They were besides attached to Catholicism. Many of them even refused the ofi'er of having themselves inscribed and admitted among the Patri- cians of Bern. i -n i i A religious disputation took place at Lausanne, in which Farel took the lead; it lasted seven days, but the Catholic clergy of Lausanne de- clined to take part in it. After its conclusion, the Bernese proclaimed all over the country the abolition of the mass, and of images, and re- formed clergymen were appointed to the various parishes. The castle of Cliillon was the last place that surrendered. In the dun- geons below the level of the lake was found Bonnivard, who had been confined there for six years. Although Freyburg had borne no share in the expedition, yet Bern willingly allowed her to take possession of several districts of the con- quered country, such as Romont, Rue, and Estavayer, which were conti- guous to her own territory. Some years afterwards the two cantons purchased the rights of the counts of Gruyeres, the last remaining of the 154 HISTORY OF SWITZERLAND.' [period IV. old feudal nobility of Helvetia. The fine district of Gruyeres was annexed to Freyburg, and Bern had for its share the lordships of Rougeniontand Oron. Bern had now doubled its territory, and it became^'by far the most extensive and powerful of the Swiss cantons. The reformation spread to the Italian side of the Alps, in the baili- wicks or districts subject to the Swiss confederates. At Locarno, at the northernmost extremity of the Lago Maggiore, the reformed doctrines had found proselytes as early as 1526. Fontana, a Carmelite friar, entered mto correspondence with Zwingli ; and several of the first fami- lies of the town, the Orelli, the Muralti, and the Magorii embraced the evangelical taith; but the bailiff ox lieutenant sent by the Catholic can- tons, after the war of Cappel, persecuted the converts, and Beccaria their leader was put m prison ; but the reformers released him by force After many vexations and disturbances, and in spite of the protests of the reformed cantons, an order was issued by the Catholic cantons, who in- sisted that this was a question which their majority of votes ought to de- cide, sentencing all the evangelical converts at Locarno to be banished their country with their families. The sentence was carried into execution in March, 1555. One hundred and fifty of the reformed were assembled at the town-house of Locarno, where the decree was read to them. They listened to it in silence. Suddenly a fanatical priest entered the hall and cned out that the wives and children of the heretics should be de- tained m order to work their salvation. But the Swiss Catholic deputies were not prepared for this new rigour: «AVe will not alter the sentence we have just pronounced," was their reply ; and the exiles, accompanied by their women and children, set off to cross the Alps. Most of them found an asylum at Zurich, where the famiHes of Orell and Muralt, with a slight change m their names, became naturalized, and continue to this day. Several of these Italian exiles were silk-weavers and dyers, and they carried to Zurich those branches of industry from their Italian land We have mentioned above. John Calvin. His name was Caulvin some wnte Chauvin, and he was born in the little town of Novon in Picardy, in 1509. He studied at Paris in the colleges of La Mari^he and of Montaigu, being intended for the clerical profession ; this how- ever, he abandoned for the study of the law, for which he removed to Orleans, and afterwards to Bourges, where he learnt Greek and Hebrew. His first notions of the reformed doctrines, which were then begmmng to spread in France, he derived from Pierre Robert d'Olivet. In 1532 he published at Paris a Latin commentary on the work of Seneca de Clementia, Here he became acquainted wi^h Michael Cop who was at that time rector of the university, and they both incurred the censures of the Sorbonne and of the pariiament of Paris for their bold expressions m favour of the reformed doctrines. But Calvin found a protector m Margaret, Francis the First's sister, afterwards Queen of JNavarre. As the persecutions against the heretics, as they were called, PERIOD IV.] HISTORY OF SWITZERLAND. 155 increased, Calvin withdrew to Basle, where he wrote his great work on the " Institution of the Christian Religion," which is an exposition of his doctrines. He dedicated it to Francis I. in 1535. From Basle he went to Italy, where Renee, daughter of Louis XII., and wife of Hercules d'Este, duke of Ferrara, seemed to favour the evangelical doctrines. In 1536 he was obliged to make his escape from Italy, where his doctrines had attracted the attention of the clergy and the court of Rome, and he made his way into Switzerland by an unfrequented path over the Col de Ferret, between Mont Blanc and the St. Bernard, which leads from the Val d'Aosta into the Valais. Passing through Geneva he saw Farel who earnestly invited him to fix his residence in that city and to assist' him in the great work of reformation. Calvin, though at first unwilling, was persuaded, and he was appointed the same year pro- fessor of theolosy. He was then only twenty-seven years of age. Both he and Farel went further in their innovations than the Swiss reformers , they used leavened bread for the sacrament, they abolished all festivals except Sundays ; they discarded all ceremonies, and they maintained the doctrine of predestination in all its sternness. All this made them many enemies, and drew upon them the disapprobation of the evangelical synod then sitting at Lausanne for the purpose of regulating the disci- pline of the reformed church. As Calvin and Farel, however, would not submit to the decision of the synod, they were ordered by the magis- trates to leave Geneva in 1538, and Calvin went to Strasburg, where he established a French evangelical church. Soon after, however, a depu- tation came from Geneva to invite him to return, as his presence was found necessary to enforce order and religion. Farel had, meantime, settled at Neuchatel, where he remained till his death. Calvin, on his return to Geneva, in 1541, perceiving the necessity of having a moral censorship, in order to restrain the utter licentiousness which threatened the very existence of the community, proposed to establish a consistory, to act as " censor morum," composed of the pastors or parish incumbents, two members of the council of state or executive, two mem- bers of the council of 200, one of the syndics, and a secretary. This and other regulations proposed by Calvin concerning church government and discipline, were approved by the general council of all the citizens, and received the form of law in November 1541. The consistory assembled everv Thursday, and Calvin, who always attended the sittings, may be said to have been its presiding spirit. It had very extensive and a most inquisitorial powers ; it took cognizance of immoralities of blasphemy and profanation, and other offences against religion. The pumshments were fine, imprisonment, and in some cases death. This institution of the consistory has continued to exist to our own days, though consider- ably modified. Calvin also assumed the task of collecting and revising the old laws and edicts, so as to form a body of civil law for the repubbc, which was approved of in 1543 by the council general. At the same 156 IIISTORY OF SWITZERLAND. [PEllIOD IV time he was not unmindful of the cultivation of the mind, and he pro- posed and effected the establishment of a public college, called Academy, for teaching the arts and sciences, in whicli he himself lectured three times a week on theology, and which soon acquired and has ever since maintained a high character among the schools of learning in Europe, and has been a nursery of clergymen and divines to the reformed churches of France and other countries. Calvin, notwithstanding his delicate frame and the numerous com- plaints to which he was subject, was truly indefatigable. He preached two or three times a week, gave lectures, attended the consistory, visited the sick, kept a voluminous correspondence both friendly and polemical, wrote commentaries on the scripture, and other tracts. The influence of Calvin's searching and austere mind remained impressed on the manners and habits cf the Genevans for ages after his death, and the stamp is not yet altogether obliterated. He was intolerant according to the temper of his age, but he was conscientious in his intolerance. The execution of Michel Servetus is the act from which Calvin's memory has suffered most. Servetus was a Spanish physician, he was a man of a wild fantastic mind, who had adopted the tenets of the Samosatcnians against Trinity; he denied the eternity and divinitv of the Son, and he had written a book * De Trinitatis erroribus.' He held forth his doc- trines in various places ; he disputed at Basle with CEcolampadius, and at Pans with Calvin, then a student; and again, by a singular fatality, he came to Geneva, where Calvin now reigned paramount. He was tried and sentenced to the stake, as an obdurate heretic, although it appears that Calvin voted for a milder mode of death. He was, however, burnt ahve; another proof of the truth of what has been observed before, that the persecuted, when thsy get power, usually and by almost a natural con- gequence, become, in their turn, persecutors. Calvin's letter to Bucer, in which he relates to the latter the tragedy of the unfortunate Servetus " bellowing at the stake like a bull," shows a heart utterlv destitute of all feelings of mercy. Calvin was certainly a man of powerful mind, his learning was very extensive ; his Latin compositions are, in point of stvle, above those of his contemporaries ; his arguments were powerful and well drawn He had a deep, earnest will, and a most unbending determination. In his temper he was far from amiable : he had all the overbearing violence of Luther, without the cheering warmth and straightforward frankness of the great German reformer ; he had neither the modest simplicity and self-control of Zwingli, nor the kind conciliatorv feeling of Me- lancthon. Yet Geneva owes much to Calvin. He consolidated both Its religious and municipal institutions; he founded its academy, which has ever since maintained its reputation ; he made Geneva a model for the evangelical churches of other countries. Calvin died on the 27th May, 1564, at the age of 55, worn out by study and application, and the PERIOD TV.] HISTORY OF SWITZERLAND. 157 diseases incidental to such a life. He was buried without pomp or epitaph as he had himself directed, in the common hurymg ground of Pleinpalais, and his funeral was attended by almost the whole popula- tion All the property he left was valued at 220 crowns. He left the care of his flock to his friend and disciple Theodore de Beza. Calvin's works were published in 9 vols, folio. In October, 1564, Bern, by a peace concluded at Lausanne, restored to Emmanuel Philibert, Duke of Savoy, the Chablais, and the county of Gex on condition that he should allow the free exercise of the reformed relio^on in those districts. The Duke, on his side, made a formal ces- sion to Bern and Freyburg of his rights on the Pays de Vaud and this cession was confirmed in 1617 by Duke Charles Emmanuel. This treaty was guaranteed in April, 1565, by Charles IX., King of France, a cir- cumstance which served, in 1798, as a pretence to the French for inter- fering in the affairs of the Pays de Vaud. Emmanuel Philibert main- tained the article of the treaty concerning religion until his death, but his successor, Charles Emmanuel, disregarding his fathers promise, drove away, in 1598, the reformed clergy from the Chablais, and abo- lished the reformation by force. He also resumed a system of annoy- ance and intrigue against Geneva, and he encouraged several conspiracies, for the purpose of recovering possession of that city. At length, m 1602, he made a bold attempt to take the town by surprise. Under pretence of watching the movements of the French on his frontiers, he assembled a body of troops near its walls, and in the night between the llth and 12th of December (old style), scaling ladders having been prepared for the purpose, a party of 200 of the duke's soldiers silently mounted the walls at one o'clock in the morning, while the rest waited outside for a signal to force the gate. They had been promised the plunder of the citv, but Geneva was providentially spared the horrors that would have followed their success. A sentry hearing noise m the ditch oave the alarm, the citizens ran to arms and barricaded the streets, the crifard at the gate let down the portcullis, and fired a cannon which enfiladed the ditch, and swept away the ladders. The troops outside, seeing the attack had failed, began a retreat, while those that were m the town, being assailed on every side by the citizens, were either killed or thrown into the ditches. Thirteen were made prisoners and hanged next day as midnight assassins. Theodore de Beza, who, owing to his great ai^e, had discontinued preaching, mounted the pulpit next morning and began singing the 124th psalm, in gratitude to the Almighty who had snatched his countrvmcn from the jaws of destruction. The amii- versary of the escalade has been ever since religiously kept at Geneva. The canton of Bern strongly resented this treacherous attack upon its ally, but the neutral cantons interfered, and a new treaty was at length concluded in Julv, 1603, by which the Duke of Savoy engaged not to raise any fortress^or assemble any troops within sixteen miles of the city. 158 HISTORY OP SWITZERLAND. [period IV, From that time the Republic of Geneva was left in the undisturbed en- joyment of its independence ; and, besides Bern, Zurich contracted with it a perpetual alliance. The authorities for this part arc chiefly,— 1st. Ruchat, HUtoire de la Reformation en Suisse depuis Pan 1516 jusqu'en Pan 1556; 6 vols. 1 2mo., Geneve, 1 727. Ruchat was professor in the Academy of Lausanne in the early part of the eighteenth century, at a period already far re- moved from the strife and the heart-burnings of the epoch of the Re- formation. He writes soberly and temperately, and quotes his authorities at the foot of the page. 2nd. J. James Hottinger, son of the celebrated orientalist of Zurich, wrote the History of the Helvetic Church ; Helve- tische Kirchengeschichle, 4 vols. 4to., Zurich, 1729. 3rd. Stettler's Chronicle, already mentioned at the end of Part I., and which comes down to the year 1627. 4th. BtJrenger, ///5/0/re de Geneve, 4 vols., 12mo., Geneva, 1773. Besides the general historians of the Reformation. FIFTH PERIOD. FROM THE BEGINNING OF THE SEVENTEENTH CENTURY TILL THE EPOCH OF THE FRENCH REVOLUTION. In the early part of the seventeenth century, the country of the Grisons became involved in war with the courts of Spain and of Austria, in con- sequence of a revolt which broke out in the Valtellina, and was a source of great and lasting calamities to both countries. The origin of the disturbances in the Valtellina was of a remote date. The people of that valley (which had become subject to the Grisons a centurv before) were Catholic, while the majority of their Grison masters had embraced the reformed communion. The government of the Grisons, stimulated by some of the more zealous evangelical clergymen, inter- fered in a certain measure with the consciences of their subjects. They prohibited legacies and endowments for pious purposes, they forbade all correspondence between the Catholic clergy of Valtellina and their foreign brethren or superiors, and the publication of bulls and licences emanating from Rome. On the other hand, the conduct of the agents of Rome excited the suspicions of the Grisons. The inquisition of Brescia and Bergamo bad arrested several Protestants from Valtellma, one of whom, a preacher called Cellaria, was kidnapped within the limits of the Grison jurisdiction, and sent to Piacenza, and afterwards to Rome where be suffered death as a heretic. Pope Pius V., a stre- nuous defender of the prerogatives of his church, endeavoured to recover -ertain tithes and other revenues in the Valtellina, which had been Kiven up by the Grisons to lay improprietors. He commissioned for this purpose John Planta, baron of Razuns, and his son Conrad, who was a canon of the cathedral of Coire, to whom, in 1572, he issued a bull, conferring on them the management of all church lands and reve- nues in the Valtellina and in the adjoining county of Chiavenna, "which were then held by improper persons," meaning thereby several Protestants, and among others the Salis, a powerful Grison fani^byrid ancient rivals of the Plantas. The Salis appealed to the diet of the Grisons, who decided that the grant by the pope to the Plantas was illegal ; and it threatened any one with severe punishment who shoidd attempt to enforce the bull. The baron Razuns, not having paid suffi- cient deference to this decision, was imprisoned, tortured, and put to 160 HISTORY OF SWITZERLAND. [period V. death. His son escaped, and soon after, through the mediation of the Swiss cantons, public tranquillity was restored, at least in appearance. In the beginning of the following century the duke of Fuentes, the Spanish governor of Milan, raised, at the northern extremity of the lake of Como, where the Adda flows into it, a fort, which commanded the only carriage-road leading into the Valtellina. Spain had long been ambitious of possessing that fine valley, through which lay the only direct communication between Lombardy and the Tyrol, and other Austrian territories ; for as the two branches of the house of Austria were allied by policy as well as by blood, it was their interest to have some road by which they could receive or send speedy assistance to each other. On the other hand, the republic of Venice, which was then the only independent power in Italy, and whose territories lay between Austria and Spanish Lombardy, was essentially interested in maintain- ing the Grisons in possession of Valtellina, which bordered on her two provinces of Bergamo and Brescia, and through which she could obtain recruits from Switzerland, her natuuJ ally against any encroachments from Spain and Austria. In 1603, Venice made a treaty with the Grison leagues for the purpose of having free passage through the terri- tory of the latter. This excited the jealousy of the duke of Fuentes, and the Grisons, in order to keep in good terms with the Spanish governor, and to continue to receive the usual supplies of corn and other provisions from Lombardy, granted likewise free passage to the Spanish soldiers through the Valtellina. In 1615, the alliance between Venice and the Grisons expired. The Venetian senate sent an agent to renew it, who, in order to overcome the obstacles made by the Spanish and Austrian agents, found means to excite in the Protestants both religious and political suspicions of their Catholic subjects of Valtellina. A great synod of the Protestant mi- nisters assembled in the church of Bergun, where the Venetian alliance was urged with expressions of violent rancour against Spain and its supposed partisans in the Valtellina and the Grisons. The Protestant comnmnes rose in arms against those who were suspected of beintr favourable to Spain ; some persons were killed, and many more were fined and banished, and among these were the two brothers Planta and the bishop of Coire himself. This happened in 1618. The violent leaders of the Protestants gave orders for the arrest of Nicholas Rusca, the archpriest of Sondrio, the head of the Catholic clergy of Valtellina,' a man much respected for his pious and moral conduct, but who had opposed the efforts of the Protestants to make converts among his flock. Rusca was taken into the Grison country, and tried before a summary tribunal on the charges of treasonable correspondence with the Spani- ards, and of resistance to the edicts of the government. The old mar, denied the first charge, of which he appears, in fact, to have been inno- cent ; and with regard to the second, he said he had only opposed, PERIOD v.] HISTORY OF SWITZERLAND. 161 though not by seditious means, those innovations which were detri- mental to the Catholic faith and contrary to the religious privileges of Valtellina. He was put to the torture, and he died in consequence in his prison after a few days. His body was burned by the public executioner ! These cruelties exasperated the people of Valtellina, as well as the partisans of the Plantas among the Grisons. The emigrants of that party assembled at Milan and in the Tyrol, they corresponded with the discontented in Valtellina, and aimed at overturning the government of their own country. A wealthy native of Valtellina, named Robustelli, put himself at the head of the conspiracy, which was to shake off the sovereignty of the Grisons. The duke of Feria, governor of Milan, secretly encouraged the conspirators, and gave them money. At break of day on the 19th of July, 1620, the day fixed for the breaking out of the revolt, Robustelli and his companions, with a number of armed men, entered Tirano, one of the largest villages of Valtellina, and having rung the bells as a signal, they began to massacre the Protestants, whe- ther Grisons or their own countrymen. At the first alarm, both the Catholic and the Protestant inhabitants who were unacquainted with the conspiracy arose from their beds, thinking that some party of outlaws were come to commit depredations, as had before hap- pened. The Grison governor, JohnCappoli, suspecting the same thing, ordered the town -house bell to be rung to summon the people to arms. But as these came out of their houses, the conspirators, who were in waiting, fell upon the Protestants ; while the Catholics, being apprised of the true cause of the tumult, and excited by the leaders of the insur- rection, joined in the massacre, and having broken open the place where the arms were deposited, proceeded to the well-known dwellings of the Protestants. These strove to defend themselves, but in vain ; they were hunted out and barbarously killed, five alone escaping. Several of them who had run out of the town were attacked by the peasants of the neighbourhood, who showed them no mercy. Some women were also murdered. The governor was shot, and the Protestant preacher's head was cut off and stuck on his own pulpit. The houses were plundered, although the conspirators had solemnly agreed to respect the property of the victims, for the sake of their wives and children : but those who did not refrain from murder were not likely to* be re&trained from robbery. While this tragedy was taking place at Tirano, Robustelli and some of his followers had taken post at the pass leading to Puschiavo, in the Grison country, to intercept any communication with that quarter. At Sondrio, the chief town of Valtellina, the insurrection broke out in the same manner. The governor, however, had time to make a show of defence, which enabled him to obtain a safeguard for himself and his family ; but all the rest of the Protestants were butchered with- M 162 HISTORY OF SWITZERLAND. [period V. out mercy, except two natives of the place, a man and a woman, who had become Protestants, and who were sent to the inquisition at Milan. The man abjured again, and so saved his life ; the woman, more firm of purpose, refused to retract, and was burnt alive. At Teglio, a small village, which has given its name to the whole Valtellina, the assassins came just as the Protestants were attending service in their church. The church was surrounded by armed men ; the people within endeavoured to defend the entrance, but the assailants climbed to the windows, and fired on the congregation. Men, women, and children here fell victims promiscuously. The door was then forced open, and the women being pushed out, the men were all killed, with their pastor. Some had taken shelter in the belfry, but in vain ; their tormentors lighted a fire underneath, and burnt them. At Morbegno, in the lower Valtellina, the Protestants were few ; and while their enemies tarried in making their appearance on account of the distance, they had time to escape over the mountains into the Grison country. A few, however, were seized and killed; one of them, Andrea Paravicini, was burnt alive. In the other villages of the Valtel- lina where Protestants were to be found, they met with a similar fate. The whole valley thus fell into the power of the insurgents. Several monks, such as a Capuchin, Ignazio da Bergamo, and a Do- minican, Alberto Pandolfi da Soncino, were among the instigators and leaders of the massacre. And to crown the impious profanation of tlie name of religion, pope Paul V. (Borghese) granted a bill of indemnity to these and other priests who had taken a share in the work of blood, and who had thereby incurred the censures of the church, which in its legitimate canons, misinterpreted as they have been both by fanatics and unbelievers, has never countenanced similar atrocities. The neighbouring county of Chiavenna, which adjoins the western extremity of Valtellina, remained faithful to its allegiance to the Orisons. The county of Bormio (Germanice Worms), which borders on the upper or eastern end of Valtellina, and lies at the very foot of the Tyrolean Alps, although it did not take a part in the massacre, nevertheless entered into a defensive alliance with its neighbours of Vahellina, to prevent any troops from coming down from the Grisons to reconquer the country. The victims of this catastrophe have been stated to have amounted to 350 ; probably they exceeded that number. And as many of the Protestants and their friends and connections, of whom several who were not themselves Protestants were killed, were landed proprie- tors in the country, the fanatical peasantry felt an additional inducement to get rid of them ; as by so doing they freed themselves from their landlords or creditors, and were enabled to appropriate their estates to themselves. The fugitives were hunted after, shot at, stoned to death, or thrown into the river Adda. PER.IOD v.] HISTORY OF SWITZERLAND. 163 At the first news of this sanguinary revolt the Grisons loudly expressed their indignation. Two of the leagues, Caddea and the Ten Jurisdic- tions, sent 2,000 men, under one of the Salis, to march against Valtel- lina ; but the Grey League, in which the Catholics were most nume- rous, held back from the rest. The troops advanced by Chiavenna, while another party came over the mountains direct to Sondrio, which they took, and were there received with joy by many of the women, who were in their hearts Protestant, but had pretended to be Catholic, in order to save their lives. On the side of Bormio the Grisons did not succeed, as a party of emigrants, with Rudolph Planta at their head, being joined by a body of Austrians under the command of the archduke's commissarv, Baldiron, invaded the valley of Munster, and threatening the lower Engadina, obliged the Grisons to turn to the defence of their own country. Planta, however, like most emigrants who have borne arms against their country, found that he was only labouring for the profit of the stranger. Baldiron took possession of the valley of Mun- ster in the name of the archduke, as it afforded a convenient pass from the Tyrol into the valley of the Adda. The insurgents of Valtellina sent messengers to the Catholic cantons of Switzerland, to the duke of Savov, to the Spanish governor of Milan, and even to the Venetian senate, to interest those powers in their behalf ; representing, of course, their revolt as justified by previous oppression, and passing over the atrocities which had attended it as smoothly as they could. The duke of Feria, governor of Milan, was the only one who sent them assistance. A body of 500 Spaniards entered the county of Chiavenna, in conse- quence of which the Grisons thought prudent to evacuate Valtellina, and repass the mountains to their own country. An order came from Madrid by which Valtellina was placed under the royal protection of Spain, and Spanish garrisons were sent to Morbegno and Tirano. The cantons of Bern and Zurich being applied to by the Grisons for assistance against their revolted subjects sent a considerable body of men, who entered Bormio and marched upon Tirano, committing many acts of cruel retaliation on their way. Two thousand Spanish veterans defended Tirano. The troops of each canton fought separately, those of Bern hurried forward to the attack, without waiting for their allies of Zurich, and were defeated with the loss of their commander. The Zurichers came up next, but the Spaniards waited for them within the walls of the town, and after seven hours of fruitless attack the Swiss were obliged to retire with great loss ; and, being harassed by the peasants, few of tliem succeeded in recrossing the Alps. The people, of Valtellina, elated with their success, set about establish- ing a regency, of which Robustelli was appointed president. « The ministers of France did not behold with indifference the Spanish power stretching itself over Valtellina, and threatening, in conjunction with Austria, the independence of the Grisons. The Venetian senate 112 164 HISTORY OF SWITZERLAND. [period V. was likewise deeply interested in preventing the increase of Spanish dominion in Italy. The duke of Savoy saw things in the same light. And, as it happened, pope Paul V., the great supporter of the Valtellina insurgents, having died in January, 1621, his successor, Gregory XV., a man of moderate sentiments, felt as an Italian'prince a jealous suspicion of the aggrandizement of Spain, and also openly disapproved of the barharous transactions of the Valtellina insurrection. All these sovereigns remonstrated strongly with the king of Spain against the occupation of Valtellina ; and insisted on some conciliatory arrangement by which the rights of the Orisons over the valley should be acknowledged with proper security for the religion and privileges of their subjects. The duke of Feria, on the other hand, not wishing to lose the fruit of all his intrigues, endeavoured to bring about an arrangement with the Orisons under his own superintendence, before the ministers at Madrid should come to an understanding. He succeeded in persuading the Grey League, where the Catholics were most numerous, to send agents to Milan, and the Plantas favoured his scheme. The negotiations turned in favour of Spain and of the Catholic party in the Orisons. Valtellina was to remain for eight years garrisoned by Spaniards ; the executive authority was to be restored to the Orisons, but no Protestant was to settle in the valley; full amnesty was given for the past, and the Catholic religion was prescribed as the only religion in Valtellina. The other two leagues, however, would not listen to these conditions, and they came to an open rupture with the Orey League. One of the chief Protestant leaders, Oeorge Jenatsch, once a clergyman and now a soldier, assembled his countrymen of the Ten Jurisdictions, entered the valleys of the Orey League, drove away from it the auxiliaries sent by the Catholic cantons, and obliged its representatives to renounce their treaty with Milan. The abbot of Disentis, who was implicated in the transactions of Valtellina, fled into the canton of Uri. Jenatsch having surprised, in the castle of Rietberg, Pompey Planta, one of the two emigrant brothers attached to the Spanish party, and whom he looked upon as a traitor to his country, clove his head with a battle-axe. Meantime the conferences at Madrid were proceeding, though slowly. Philip III. died, but by his will recommended his son to settle the Italian question according to the advice of the pope, and for the peace of Europe. In April, 1621, a treaty was concluded at Madrid, by which the Valtellina was to be evacuated by the Spaniards, and the Orisons were to be reinstated in their possession of it ; a full amnesty for the past and security for the future were to be given to the natives, under the guarantee of the French king, the Swiss cantons, and the pope. ' But these conditions pleased neither the Orisons nor the people of Val- tellina. The Orisons again took up arms and entered the county of Bormio, but the Spaniards advancing upon them on one side and the Austrians from the Tyrol on the other, they withdrew again in confusion. PERIOD v.] HISTORY OF SWITZERLAND. 165 Upon this the duke of Feria took possession of Chiavenna, and the Austrian general, Baldiron, entered the league of the Ten Jurisdictions, and on the plea of former claims to»k possession of it, as well as of Lower Engadina, or valley of the Inn, in the name of Austria. The inhabitants were obliged, under pain of death, to give up their arms, and to swear fidelity to Austria. The other two leagues were also overrun by the Austrians, who placed a garrison at Coire, the bishop of which town, avail- ing himself of the terror of foreign arms, put forth his former pretensions to sovereignty, and assumed the exercise of almost despotic authority. A forced treaty was entered into in January, 1622, by the two leagues, the other being considered as extinct, in which they gave up for ever their sovereignty over the Valtellina and Bormio, they acknowledged the incorporation of the Ten Jurisdictions, the Lower Engadina and the Munsterthal, with the Austrian dominions ; and they submitted to the passage of Spanish troops through their own territories. The independ- ence of the Orisons was in fact annihilated. Such were the consequences of their harsh and imprudent treatment of the people of Valtellina, and of their obstinate rejection of the conditions of Madrid. The overbearing conduct of the Austrians was, however, the cause of the restoration of Orison independence. In that part of the country which they now considered as their own, it having been incorporated with the Austrian dominions, Baldiron's soldiers oppressed the in- habitants with the greatest insolence, interfered with their property, obliged them to carry heavy loads, and treated them more like beasts of burthen than like men. A swarm of Capuchins spread over the valleys to convert the peasants to Catholicism. All the reformed clergy were driven away, seventy-five evangelical churches were left without pastors, and the people were compelled by blows to attend the Catholic service. This last act of tyranny roused them to resistance. The robust and spirited inhabitants of the fine valley called Pratigau, on the banks of the Landquart, disarmed as they were, hied to the mountain forests, made themselves spears and clubs, and on Palm Sunday, 1622, they issued out with loud shouts, surprised the Austrian detachments, cut them to pieces or made them prisoners, and drove away the main body as far as Meyenfeld. They then invested Coire, where Baldiron himself was. The rest of the country followed their example, the mountaineers from Appenzell joined them, and Baldiron was obliged to demand a truce to withdraw from the country. Rudolph de Salis was named general of the patriots. But Baldiron came again into the Pratigau the next summer with 10,000 men, eager for vengeance. The people fought with the fury of despair in the valleys, in the villages, in the mountains. It is recorded that thirty brave men, in the last fight in the plain of Acquasana, 5th of September, threw themselves, armed with clubs only, into the enemy's ranks, and fell one after the other upon heaps of soldiers whom they had slain. The succour from Coire came too late. The 166 HISTORY OF SWITZERLAND. [period V. whole country of Pratigaii was already in flames, and the population almost entirely destroyed. The Grison leas:ues sent envovs to the archduke of Austria at Lindau, hut they had to submit to hard conditions. The league of the Ten Juris- dictions was declared to belong to Austria, and free passage was to be allowed through the whole Grison country to the Austrians and Spaniards. The king of France, Louis XIII., who was jealous of the Austrian power, had already interfered by negotiations, in concert with the duke of Savoy and the senate of Venice, to prevent the permanent occupation by Spain and Austria of the important passes of the Grisons and the Valtellina. At last, in 1624, he sent a force under the count de Coeuvres into the Grison country. Bern and Zurich not only gave a free passage but added their contingents. All the exiled Grisons, led by Rudolph de Salis and by Colonel Jenatsch, led the van. As they reached the frontier of their country a general rising took place, and the Austrian garrisons and governors were driven away. The following year Chiavenna and the Valtellina were reconquered from the Spaniards. The treaty concluded at Mon^on, in Aragon, between France and Spain, in 1626, settled for a time the affairs of the Grisons, though not to the full satisfaction of the latter, who still clung pertinaciously to their rights of sovereignty over the Italian vallevs. The Valtellina, Chiavenna, and Bormio were to pay an annual tribute to the leagues, but they had the right of governing themselves. Some troops in the service of the pope garrisoned the towns of Valtellina pro tempore ; and Robustelli remained at the head of the regency of the valley. In 1628, the disputes about the duchy of Mantua brought the French again into Italy. The Austrian armies sent to oppose them entered suddenly the country of the Grisons, by the pass of Luciensteig, took Coirc, and again occupied the Ten Jurisdictions and Engadina. Although this time there was no slaughter of the inhabitants, yet vexations of every sort were heaped on them. Famine followed, and a pestilence brought by the German troops, probably from the frontiers of Turkev, devastated the unfortunate Rhsetian valleys; 12,000 people died of the latter scourge. Luckily for the Grisons the successes of Gustavus Adolphus in Germany induced the emperor to conclude with France the peace of Cherasco, in 1630, by which he engaged to withdraw his troops from the Grisons. The duke of Rohan then came to Coire as ambassador from France and brought with him some troops, who assisted the Grisons in fortifying their passes towards the Tyrol. In 1635, war having broken out again between France and the emperor, Rohan, at the head of a Grison force, crossed the Alps, and after some sharp fighting, reconquered Valtellina, Chiavenna, and Bormio from the Austrians and Spaniards united. But the court of France now imperiously required that the Italian valleys should be governed according to the treaty of Mon-ere united. The whole country was subdivided into about sixty small communities or vallevs, each forming a distinct republic, having its general assembly of all the men, who appointed their local magistrates, and administered tlieir own internal affairs as independent states. Each, liowevcr, returned a deputy to the general diet of the three leagues, which met every year in September in one of the three capital towns, Coire, Davos, and Ilantz, where the general affairs of the confederation were discussed. Here the same remark that has been made with regard to the forest cantons applies in a stronger sense to the Grison communi- ties. A few families, or individuals superior in intelhgence or wealth to * At Schwytz ihtre was, and perhaps is still, a primitive institution, called tlu; street court, a sort of extempore jury. The gross weibel or lieutenant i)f police, on receiving a complaint, summoned together the first seven competent persons he met in the street, who heard both parties on the spot, and delivered their verdict. Their iurisdietiou was limited to sums not above fifty florins. 200 HISTORY OF SWITZERLAND. [period V. 'M their brother mountaineers, influenced the return of the deputies to the diet, and the latter often gave their votes without consulting the interest or the wishes of their constituents, notwithstanding the democratic insti- tutions of the countr}'. The history of the Orisons has proved this abun- dantly. The Orisons were confederates or allies, but not associates of the Swiss cantons, and therefore sent no deputies to the diet of the latter. The Valais was divided into ten districts, called dizams, seven of which, forming the German or Upper Valais, were sovereigns over the three Lower districts, having conquered them in 1475, after a bloody struggle. In the subject districts the French patois is spoken ; and the river Morge below Sion was the boundary between them and the sovereign districts. Of the latter, six dizains were pure democracies, like the Orison communities, each administering its own internal affairs, whilst it returned deputies to the general diet. The dizain of Sion was an aris- tocracy, governed by a burgomaster, and a council of twenty-four mem- bers. The diet of the Valais, called landrath, consisted of the bishop of Sion, the captain-general, and the deputies of the seven sovereign dizains, in all nine votes. It met twice a year at Sion ; it decided upon all matters concerning the whole state, appointed bailiffs to the subject dizains, received appeals from the courts of the dizains in cases of im- portance, confirmed the lands-hauptmann, or captain-general of the militia, or named another in his place, and upon the decease of a bishop, it chose his successor out of a list of four candidates named by the chapter of Sion out of their own body. The bishop of Sion was formerly sovereign of the greater part of the Valais, but the inhabitants, after several insurrections, reduced his power in the fifteenth century, and he remained a sort of nominal prince, having a vote and some influence in the diet, all public documents running in his name, and the coin bearing- likewise his name, with the arms, however, of the republic ; he had also the power of pardoning criminals. The six democratical dizains were extremely jealous of their liberties, and more watchful than the Orison communities over the conduct of their deputies to the diet, givino- them instructions resolved upon by the general assembly of the people, with strict orders not to depart from them. The Valais was an allv but not associate of the Swiss cantons, to whose diet it sent no deputies. The abbot of St. Oall has been often mentioned in the course of this history. He was a titular prince of the Oerman empire, and was chosen by the Dominican monks of the abbey, out of their own bod v. His territory, after the loss of the city of St. Oall and of Appenzell, consisted of the old abbey territories, atte landschafft, and of the To"-genburff. His limited jurisdiction over the latter has been already described. In the old territory, containing 45,000 inhabitants, the dominion of the abbot was monarchical and absolute, excepting certain municipal privileges which the towns enjoyed. The principal towns were Wyl and Roschach; the latter being on the lake of Constance. The abbot used to PERIOD v.] history OF SWITZERLAND. 201 send a deputy to the federal diet of the Swiss.. The city of St. Gall en- joyed the same privilege, both being socii of the confederation. The city was surrounded by the territories of the abbot, whilst the abbey itself stood within the city, and was surrounded by walls and ditches. The government of the city was a mixture of aristocracy and democracy. The town of Bienne was, like St. Gall, a member of the confederation, and sent a deputy to the federal diet. The titular bishop of Basle, who should rather be called prince of Porentru, was the high sovereign of Bienne, and had the appointment of its mayor, who presided over the little council or executive and the chief court of justice, but without having himself any vote. Neither the Prince- bishop, nor his representative, had any share of the legislative powder, which resided in the great council. Each council supplied vacancies occurring in its own body; the councils jointly imposed taxes, contracted alliances, and exercised in short all the rights of sovereignty, while the bishop merely lent his name to all public acts, and received a civil list of about 300/. a year. The town of Mulhausen in Alsace, although it had at one time been an associate, lost, in 1586, its rights of suffrage in the Swiss diets, in conse- quence of disturbances among its citizens. It was still, however, con- sidered as a confederate. The principality of Neuchatel and Valengin, which was a confederate though not an associate* of the Swiss cantons, was, and is still, governed by the king of Prussia as a limited monarchy. The house of Brandenberg succeeded to the sovereignty, in 1*107, by the vote of the states of Neuchatel, and as the nearest akin to the former counts of the house of Chalons ; the succession being confirmed by the treaty of Utrecht. The constitution of this little state was extremely complicated, the legislative authority resided jointly in the prince, repre- sented by 2 governor in the council of state nominated by him, and in the council of the town of Neuchatel. The consent of the three master burghers of the town of Valengin was also required to the enactment of any new laws. The " three estates," as they are called, of Neuchatel were not a representative but a judicial body, and constituted the superior tribunal of the country; they were composed of twelve judges, being four counsellors, four ch^telains of the country districts, holding their places for life, and four councillors of the town of Neuchatel appointed annually. The estates proposed the laws, which being approved by the council of state, the council of the town, and the prince, were then pro- mulgated. ' The town of Valengin had also its estates, but their functions were merely judicial, they having no share in the framing of the laws. The council of state, above mentioned, formed the executive or admiuis- • The socii were allied to all the cantons ; they formed part of the Helvetic body, sent deputies to the federal diet, and were included in the treaties with France and other powers ; the confederates were allied to part of the cantons, and as such were entitled to assistance if attacked ; hut they sent no deputies to the diet, and ,vere not necessarily included in the treaties of the Helvetic hod^ foreign powers. Watteville, Hist. Con/eder. Hehct., b. x. I' / ( I __, / / 200 HISTORY OF SWITZERLAND. [period V. their brother mountaineers, influenced the return of the deputies to the diet, and the latter often gave their votes without consulting the interest or the wishes of their constituents, notwithstanding the democratic insti- tutions of the countr}'. The history of the Orisons has proved this abun- dntly. The Grisons were confederates or allies, but not associates of the Swiss cantons, and therefore sent no deputies to the diet of the latter. The Valais was divided into ten districts, called dizains, seven of which, forming the German or Upper Valais, were sovereigns over the three Lower districts, having conquered them in 1475, after a bloody struggle. In the subject districts the French patois is spoken; and the river Morge below Sion was the boundary between them and the sovereign districts. Of the latter, six dizains were pure democracies, like the Orison communities, each administering its own internal aftairs, whilst it returned deputies to the general diet. The dizain of Sion was an aris- tocracy, governed by a burgomaster, and a council of twenty-four mem- bers. The diet of the Valais, called landrath, consisted of the bishop of Sion, the captain-general, and the deputies of the seven sovereign dizains, in all nine votes. It met twice a year at Sion ; it decided upon all matters concerning the whole state, appointed bailiffs to the subject dizains, received appeals from the courts of the dizains in cases of im- portance, confirmed the lands-hauptmann, or captain-general of the militia, or named another in his place, and upon the decease of a bishop, it chose his successor out of a list of four candidates named by the chapter of Sion out of their own body. The bishop of Sion was formerly sovereign of the greater part of the Valais, but the inhabitants, after several insurrections, reduced his power in the fifteenth century, and he remained a sort of nominal prince, having a vote and some influence in the diet, all public documents running in his name, and (he coin bearin"- likewise his name, with the arms, however, of the republic ; he had also the power of pardoning criminals. The six democratical dizains were extremely jealous of their liberties, and more watchful than the Orison communities over the conduct of their deputies to the diet, givino- them instructions resolved upon by the general assembly of the people, with strict orders not to depart from them. The Valais was an allv but not associate of the Swiss cantons, to whose diet it sent no deputies. The abbot of St. Gall has been often mentioned in the course of this historj. He was a titular prince of the German empire, and was chosen by the Dominican monks of the abbey, out of their own bod v. His territory, after the loss of the city of St. Gall and of Appenzell, consisted of the old abbey territories, alte landschafft, and of the Toggenburg. His limited jurisdiction over the latter has been already described. In the old territory, containing 45,000 inhabitants, the dominion of the abbot was monarchical and absolute, excepting certain municipal privileges which the towns enjoyed. The principal towns were Wyl and Roschach. the latter being on the lake of Constance. The abbot used to PERIOD v.] HISTORY OF SWITZERLAND. 201 send a deputy to the federal diet of the Swiss. The city of St. Gall en- joyed the same privilege, both being socii of the confederation. The city was surrounded by the territories of the abbot, whilst the abbey itself stood within the city, and was surrounded by walls and ditches. The government of the city was a mixture of aristocracy and democracy. The town of Bienne was, like St. Gall, a member of the confederation, and sent a deputy to the federal diet. The titular bishop of Basle, who should rather be called prince of Porentru, was the high sovereign of Bienne, and had the appointment of its mayor, who presided over the little council or executive and the chief court of justice, but without having himself any vote. Neither the Prince-bishop, nor his representative, had any share of the legislative powder, which resided in the great council. Each council supplied vacancies occurring in its own body; the councils jointly imposed taxes, contracted alliances, and exercised in short all the rights of sovereignty, while the bishop merely lent his name to all public acts, and received a civil list of about 300^. a year. The town of Mulhausen in Alsace, although it had at one time been an associate, lost, in 1586, its rights of suffrage in the Swiss diets, in conse- quence of disturbances among its citizens. It was still, however, con- sidered as a confederate. The principality of Neuchatel and Valengin, which was a confederate though not an associate* of the Swiss cantons, was, and is still, governed by the king of Prussia as a limited monarchy. The house of Brandenberg succeeded to the sovereignty, in 1^07, by the vote of the states of Neuchatel, and as the nearest akin to the former counts of the house of Chalons ; the succession being confirmed by the treaty of Utrecht. The constitution of this little state was extremely complicated, the legislative authority resided jointly in the prince, repre- sented by a governor in the council of state nominated by him, and in the council of the town of Neuchatel. The consent of the three master burghers of the town of Valengin was also required to the enactment of any new laws. The "three estates," as they are called, of Neuchatel w ere not a representative but a judicial body, and constituted the superior tribunal of the country; they were composed of twelve judges, being four counsellors, four chatelains of the country districts, holding their places for life, and four councillors of the town of Neuchatel appointed annually. The estates proposed the laws, which being approved by the council of state, the council of the town, and the prince, were then pro- mulgated. ' The town of Valengin had also its estates, but their functions were merely judicial, they having no share in the framing of the laws. The council of state, above mentioned, formed the executive or admiuis- • The socii were allied to all the cantons ; they formed part of the Helvetic body, sent deputies to the federal diet, and were included in the treaties with France and other powers ; the confederates were allied to part of the cantons, and as such were entitled to assistance if attacked ; hut they sent no deputies to the diet, and »vere not necessarily included in the treaties of the Helvetic body with foreign powers. Watteville, Hist. Confeder, Helvct., h, x. 11 •i I / 202 HISTORY OF SWITZERLAND, [period V. trative power of the country, but every ordinance it issued wasprevioush laid before the councils of the towns of Neuchatel and Valengin, who certified that .t contained nothing contrary to the laws and privile<'es of the country. The town of Neuchatel had its great and little council, its own magistrates and police ; some of the magistrates being chosen by the general assembly of the citizens. The whole of these powers and their attributes are described in detail by Coxe, in his letters on Switzerland, who speaks verj- .nghly of the liberty and security enjoyed by the people of this little pnnci,-ahly. Frederic the Great behaved in a most liberal manner owards h,s subjects of Neuchatel. He not only confirmed but extended the,r privileges, he authorized the formation of a representative council by the diflferent communes, he improved the judicial system, and ISeuchatel, under him, became, and has since continued to be, one of the most happy and thriving states in Switzerland. Unrestricted commerce, the absence of all duties on either importation or exportation, thriving manufactures, security for persons and property, the facultv which llie inhabitants enjoyed of following whatever trade, and of setllin.- where- soever they pleased, together with that of serving in the armies of anv power, even though it should be at war with Prussia, from whose state's this Pnncipality was considered as totally distinct-all these advantages placed Neuchatel in a truly enviable position ; and the more so since the protection of a powerful monarch ensured respect from other states, and the markets of the Prussian cities were open to its manufactures, on tlic same looting as those of other Prussian subjects. They enjoyed all the security of a monarchical government, without au^of its burthens, and the freedom ot a republican state without its turbulence. The revenues of the sovereign amounting to 5,0001. a year, are derived from the demesnes and a snmll land tax. In consequence of these circumstances, the district is now one of the richest and most industrious in Europe ; its valleys of Locle and La Lhaus de Fonds, which a century since were covered with forests, are become one vast manufactory of watches, clocks, and jewellery • nu- merous looms for muslins and calicoes are at work at Boudry and other vilages; and merchants from Neuchatel are to be found in almost all the great commercial towns and harbours of Europe. The whole population of Neuchatel amounts to 50,000 inhabitants Be™ l?f' -"k^ ^T-^v T ""'y " '^""fe'lerate of th'e two cantons of Bern and Zurich. This little state has been the scene of so much agita- tion and cml contention during the eighteenth century as to have ac- quired the character of being the most turbulent republic of modem times The more opulent families, who had taken possession of the councils, and confirmed or elected the members, separated themselves from the rest o the citizens. They took up their residence in the upper part of the citv while the people engaged in trade or business remained in the lot; town, where they had their warehouses and shops. Among thesea spir of jealousy and dissatisfaction was thus generated, and itlas incr a ed period v.] HISTORY OP SWITZERLAND. 203 by the number of French and other refugees who resorted to Geneva, to avoid religious persecution. Still the general assembly of all the citizens and burghers ^vas convoked occasionally, and was acknowledged, in principle at least, as the sovereign power in the state. The citizens were those sons of citizens or of burghers who were born within the walls of Geneva, The burghers were either the sons of citizens or of burghers born abroad, or inhabitants who had purchased the burghership. The citizens and burghers together, who were above five-and-twenty years of age, and as such entitled to vote, amounted to about 1,500. They chose the principal magistrates out of a list of candidates presented by the senate and great council. The latter, or council of 200, and the senate of twenty-five elected each other reciprocally, as in the aristocratic cantons of Switzerland. In order to restrain their authority, the assembly of the citizens, in 1107, after much disturbance, in which blood was shed, and one citizen of the popular party, named Fatio, w^as executed and others were exiled, procured a law enacting that every five years a general assembly should be convened to deliberate upon the affairs of the republic. But at the very first assembly — thus convened in 1712 — the magistrates contrived to obtain a majority of suffrages for the abolition of the above ordinance. Deception as well as undue influence was said to have been employed in order to bring about this singular act of political suicide,* which gave nearly absolute power to the senate, and enabled them to issue edicts at their pleasure. A new tax, which tliey imposed for the construction of a regular hnc of fortifications round the city, was a source of fresh troubles. In the course of these Micheli Ducrest, one of the popular leaders, was obliged to leave Geneva. After many years spent in France he went to Bern, where he was allowed to remain under a sort of arrest; but having tampered in Henzi*s con- spiracy he was shut up in the castle of Aarburg, where he lived to an advanced age, beguiling his confinement by the study of natural philoso- l)hy and the construction of barometers and thermometers, which went by his name. After several years of disturbances, in wlficli eitherp arty by turns gained the ascendancy, a convention was made, in 1738, through the mediation of France, Bern, and Zurich, which determined the basis of the Genevan constitution. It secured the annual meeting of the general assembly, who were to confirm or replace the principal magistrates, and discuss state matters laid before them by the council. Some time after- wards a sentence passed by the senate against Rousseau's E?7iile and Contrat Social, as containing passages derogatory to the Christian faith and to social order, led to another civil dissension. The popular party contended that the sentence was illegal, and that the question ought to be referred to the general assembly. The senate and council maintained * See Rousseau's '' Lettres Ecrites de la Montague," on the subject. n I H ./ 204 HISTORY OF SWITZERLAND. [period V. k their right of putting a negative or veto upon the discussion. Hence arose two parties, the Negatifs and the Representans. The latter, in 1768, succeeded in obtaining an enactment that the general assembly should fill up one-half of the vacancies in the great council, and should be authorized to displace annually, if they thought fit, four members of the senate. The right of representation^ or petition, was secured to every citizen or burgher. This was a signal advantage gained by the popular party, and it led to a pacification between the whole body of citizens and burghers and the magistrates. But now another class of people, called Natives, being those who were born at Geneva of originally foreign fa- milies and had not purchased the burghership, claimed also a share in the government. This class had become very numerous in course of time. They were opposed, however, by the citizens generally, and having broken out into open insurrection, were put down by force, in 1170. Some perished in the affray, others were banished. The government of Geneva, as settled by the pacification of 1768, consisted of a great council, a senate, and the general assembly. AH laws were proposed by the senate, discussed in the great council, and then laid before the assembly of the citizens, who approved of them or rejected them by majority of suffrages, but without discussion. The senate had the executive power, administered the finances, and had the privilege of conferring, under certain conditions, the right of burghership, which w^as rendered more accessible than before. The principal magis- trates, such as the four syndics, were chosen from among the senators. The senate also appointed* to one-half of the vacancies in the great council, who in their turn filled up vacancies in the senate. The general assembly approved or rejected the proposed laws, imposed taxes, declared war or peace, and contracted alliances. In 1781, new disturbances arose between the Negatives and the Re- presentatives on the subject of the publication of a code of laws, which was either opposed or delayed by the former, who had a majority in the councils. The Natives soon joined in the contest, which broke out into an open insurrection in March, 1782. The principal magistrates and senators were arrested, others ran away, and the whole city was in a state of confusion. France, Bern, and Zurich, as former mediators, and even the king of Sardinia, marched troops towards Geneva ; to whom the inhabitants, distracted by their dissensions, opened their gates. A re- action now took place, the leaders of the Representatives escaped in boats by the lake, and the Negatives had complete sway ; all citizens who had taken part in the disturbances were excluded from the general assembly, which being thus reduced to less than one-half its proper number, and awed by the presence of foreign troops, abandoned most of the rights recognized by the convention of 1768, and vested nearly ab- solute authority in the councils. The militia was disbanded, and a foreign garrison introduced in the pay of the state. This event, although PERIOD V.J HISTORY OP SWITZERLAND. 205 it immediately resulted from the overbearing interference of France and Savoy, was brought about in the first instance by the rashness of the popular party, who had not patience to wait for the sure though slow operation of the right of election, which they had won in 1768, and by means of which the senate and council would have become filled by degrees with members of their nomination. Among the Genevan emigrants, of 1782, some went to Paris, where they afterwards became connected with the Girondins, and as such figured in the first stage of the French revolution, others settled as merchants in various towns of Italy, Holland, and other countries. A certain number of them, at the head of whom were Chalons and Claviere, proposed to go and settle in Ireland. A memorial signed by above 1,000 individuals was presented to the Lord-Lieutenant, Earl Temple, praying that a spot might be assigned to them to form their colony. This petition was well received ; and in September, 1782, being submitted to the Privy Council at Dublin, it was acceded to, and after- wards received the assent of George III. The Irish parliament voted 50,000/. for defraying the preliminary expenses, and building a town for the colonists. The site chosen for the purpose, consisting of twenty- seven acres of crow^n land, was near the mouth of the river Suir, about eight miles from Waterford and nearly opposite Duncannon. A deputa- tion of the emigrants proceeded to Waterford in July, 1783, to super- intend the building of the new town, which was called New Geneva. The buildings soon began to rise, and assume the appearance of a city, 30,000/. had already been expended on the spot, when the whole scheme was suddenly abandoned, from causes which have never been entirely cleared up. It was said that the Genevan emigrants demanded too many privileges in the articles of their charter, and that the corporation of Waterford became jealous, and wanted to extend its jurisdiction over the new colony. At the same time the recall of Earl Temple, from Ireland, contributed greatly to the failure of the scheme, of which he had been the principal patron. The emigrants, by an address presented to his successor, the duke of Rutland, signified their intention of relinquishing the project. The buildings of New Geneva remained unoccupied for years, until they were used as barracks in the beginning of the war. The demesne was afterwards sold, the houses were pulled down, and few traces of the projected colony are now to be seen. In 1789, a fresh insurrection compelled the magistrates to re-establish the elections and other rights of the general assembly upon the footing of the convention of 1768. All the exiles were recalled, and all natives whose families had resided in Geneva during four generations were admitted into the class of burghers. Things remained in this state until the example of the French revolution brought about a fresh catastrophe. The history of these miniature convulsions and revolutions, of which the mere outline is here given, is very interesting and instructive. A full ^06 HISTORlr OF SWITZERLAND. [t'ERIOD V. account of them may be found in Sir Francis d'lvernois's *' Revolutions of Geneva in the eighteenth century." Besides the above associates and confederates of the Swiss, there were some other districts only partially allied to particular cantons. The dtular bishop of Basle was possessed of a considerable territory, inchiding the districts of Delemont and Porentru, which he governed as a monarch, and the valleys of Erguel and Montiers which enjoyed certain franchises,' m which they were guaranteed by being coburghers of Bern. The bishop himself was allied to the Catholic cantons alone. The abbot of Engelberg was absolute lord of a mountain tract round his abbey in the Alps, between Bern and Unterwalden, containino- about 4,000 inhabitants, and was allied to the forest cantons. Lastly, the diminutive republic of Gersau, on a slip of land on the northern bank of the Walstatter see, and numbering 1000 inhabitjuits, was also under the protection of the forest cantons. It was the smallest state in Europe, San Marino not excepted. Gersau was a democracy with an assembly of all the citizens, and it had its landamman, its land- rath or council, its court of justice, and its militia. The whole population of the thirteen cantons was rather under 1,000,000, that of their subjects was about 250,000, and that of their associates and confederates, and the subjects of these confederates, amounted to nearly half a million more; altogether, the territory belong- ing to the Helvetic federal body, towards the close of the last century, contained about 1,700,000 inhabitants. Durand's statistical tables,' which have been quoted by Planta and others, are evidently inexact,' some of the numbers are too high; for instance, he gives 150,000 inha- bitants to the Grisons, besides 100,000 for the Valteline, while the Gri- sons did not then number above 73,000 or 74,000 inhabitants, and now hardly attain 96,000 ;* and the Valais is rated at 100,000 inhabitants, while its population does not amount to 70,000. The subjects of the Swiss were either subjects of certain particular cantons, or common bailiwicks, subject to all the cantons. The foUowino- is a table of them : — ^ ihl }bT^f^'- ' f^'V"'"T"'^ GJographiq,' /^ / 203 HISTORY OF SWITZERLAND. [period V. PERIOD v.] HISTORY OP SWITZERLAND. 209 1 i much more limited. But the bailiffs sent to the suhject and distant baihwicks had or assumed all the authority, administrative, judicial, and military. Of all the subjects of the Swiss, the Italian valleys were the worst governed, and in these it was remarked, as we have before saiQ, that the bailiffs sent by the forest or democratic cantons were the most arbitrary and oppressive, leaving behind them when they crossed the Alps their unassuming simplicity, and becoming imperious and grasping proconsuls. The office of bailiff was, in fact, sold by the forest cantons to the highest bidder, who of course reimbursed himself by ex- actions on the inhabitants, and often by selling justice ; whilst at the same time appeals to the democratic cantons led seldom to any satisfac- tory result. The complaints of the subjects, however, were not always grounded on justice and truth. The Val Levantina, which lies to the south of the St. Gothard and along the banks of the river Ticino, had been for ages suhject to the canton of Uri, indeed ever since the wars of the Swiss against the Visconti dukes of Milan. It enjoyed considerable privileges, guaranteed by the act of cession of its former masters Uri drew from the valley some trifling taxes, and a toll upon the transit of goods. The people of the valley held their assemblies, and elected their local magistrates and council, subject, however, to the higher jurisdiction of the sovereign canton, which appointed a bailiff and a receiver of the their 1 T T""^°^ *' """^y ^="' "^"^ g""'y "*■ P«<=»l''tion in their capacity of guardians to orphans and widows, and complaints were forwarded to Uri, whose council ordered the accused to produce their ac- counts. The persons thus summoned, seeing no other means of extri- cating themselves from their dangerous position, excited an insurrection among their countrymen, under the pretext of obtaining their independ- Tnllrri Tf^"" ^'°'" '^' "'''''' «"<» "f ^''P^S the produce Of 1775, at a season when, the country being covered with snow, the tCrr T,, "'"'' I'T^ ^°' congregating and listening to the agi- tators. They arrested the bailiff from Uri and the receiver, and thev mvested their own council with the supreme judicial authority. The canton of Uri summoned the insurgents to return to their allegiance, but they answered by assembling in arms at the foot of the mountains owards Uri. The militia of Uri. being joined by a contingent f m Unterwalden, crossed the St. Gothard, and occupied all the passes Tf he valley; and the insurgents, hearing that the other cantons had united against them, were panic struck, and returned to their homes Ihe leaders, however, were seized; and the people of the valley, being convened in the plain of Faido to the number of 3,000, were surrounded rl^V!P''lV''ff "''''• ""'' "'^ ^*"''="^'= fr'"»Uri was then read to them, by which they were deprived of all their privileges, and were ordered to swear unconditional obedience to the sovereign canton ims being done, they were made to knee! down with their heads unco- ^\ vered, whilst the public executioner struck off the heads of Furno, Urs, and Sartori, the three principal leaders of the revolt. Eight more of the insurgents were led into Uri and there beheaded. This terrible ex- ample scared the spirit of insurrection ever after. The federal bond which united the various cantons and their allies was very loose, and far different from that which connected together the United Provinces of Holland, or even from the federal compact of the United States of North America. There was not in Switzerland any permanent sovereign body, no standing federal magistrate equally ac- knowledged by all, no central government having its own establishment, its own treasury, its own servants, civil and military. The general diets could not decide upon any important question, unless it had been previously debated and decided on in the councils of each of the cantons, who were applied to by their own deputies for fresh instructions at every new case which was brought before the diet. The cantons were not even each allied to all. The eight older cantons had among them a federal compact for their common defence, and even of these eight the five first only, viz., Zurich, Schwyz, Uri, Unterwalden, and Luzern, were bound to enter into no other alliance without each other's consent, while the other three, Glarus, Zug, and Bern, were at liberty to form alhances with other states or foreign princes, provided such alliances contained nothing prejudicial to the federal bond. The eight cantons were also bound, by the convention of Stanz, to assist one another in supporting the form of government established in each of them. The five junior cantons, viz., Fribourg, Soleure, Basle, Schaffhausen, and Appenzell, had no federal bond with the whole of the rest, nor among themselves, but every one of them was aUied to some one or more of the others. The three forest cantons alone were allied to every one of the other cantons. By these means, however, the guarantee of common de- fence was secured to each ; for, as any canton attacked had the right of calling some other cantons to its assistance, and as these were entitled to call others, all would be brought in to take a part, in virtue of their parti- cular bonds. The general diets of the confederation were either ordinary or extra- ordinary. The ordinary diets met once a-year at Fratienfeld in Thurgau, instead of Baden, where, until the treaty of Aarau in 1712, they had been accustomed to meet. The deputy from Zurich presided: he brought forward the matters to be discussed, collected the votes, framed the resolutions, &c. Each canton or associate had one vote, and ques- tions were decided by a simple majority. The sittings were held with closed doors, and at the end of the session the deputy of Zurich drew up a statement of the decisions of the diet, of which he sent a copy round to each canton. The principal business of the diet was to hear appeals from the common bailiwicks, and to inspect the accounts and inquire into the conduct of the bailiffs. I 210 HISTORY OP SWITZERLAND. [period V« Extraordinary diets were assembled at the request of any particular canton, or of any of the foreign ministers in case of urgent business. In such a case the canton of Zurich summoned the other cantons to send their deputies to Frauenfeld, or any other place fixed upon, acquainting them at the same time with the nature of the subjects which were to be discussed, in order that the cantonal governments might give instructions to their deputies accordingly. The foreign minister, at whose request an extraordinary diet was convoked, was bound to pay the expenses of the deputies who were thus called from their homes at an unexpected season. Tlie partial diets were held by the Protestant cantons at Aarau, and by the Catholic ones at Luzem. There was no fixed time for their meeting, but they were summoned as the occasion required it. A regulation, called " the defensional," was agreed upon at a general diet held at Baden in 1668, for providing against sudden emergencies, such as an attack from foreign powers, when the proceedings of the diet would have proved too slow for the common safety. In such a case de- puties were to be named by all the members of the Helvetic body, and invested with full powers to direct the military force of the nation, which was to be raised by contingents from the militia of each state. This body consisted of 9600 men for the thirteen cantons, 1400 for the asso- ciates, and 2400 for the subject bailiwicks, — in all 13,400 men; which number, however, might be doubled and trebled if required. The militia of each canton consisted of all the males from sixteen to sixty years of age, and these received military instruction at certain epochs. Only one- third of the whole, however, consisting of the youngest and strongest, were enrolled into regiments, the other two-thirds supply- ing them with recruits if necessary. The regiments were divided into fusileers and electionaries, the fusileers being all young unmarried men, who were considered as always ready to march at a moment's notice; the electionaries were composed of the married men, of an age and size proper for service, and these were called out after the fusileers. When in active service they received regular pay ; but every man was bound to provide his own uniform, arms, and accoutrements. The Swiss, it is well known, furnished troops to several European powers, according to certain treaties or capitulations, as they were called, agreed upon between those powers and the various cantons. The chief power having Swiss troops in its service was France, which had retained them ever since the treaty made between the Swiss and Louis XI. See pages 94 and 101. Under Louis XIV. the number of Swiss troops in the French service amounted to 28,000 men; but, in 1790, at the beginning of the French revolution, tlicre were not more than 15,000, who were divided into twelve regiments. Six Swiss regiments were in the service of Holland, four were serving in Piedmont, four at Naples, and four in Spain : the pope had also a small body guard of Swiss. The J PERIOD v.] HISTORY OF SWITZERLAND. 211 cantons from which the regiments were drawn received an annual sub- sidy from the power for whose service they were raised. The capitula- tion of each regiment was for a certain number of years, after which the officers retired on full pay. The regiments were raised by the colonels, who received a stated remuneration, and were proprietors of the corps. The soldiers were all volunteers, and received enlistment money. Switzerland is not the only country in which the practice of enlisting volunteers for foreign powers has been in use; the principal difference IS that in Switzerland several of the cantonal governments were parties to the arrangement, and derived a profit from it, whilst the other Eu- ropean governments have either forbidden the practice, without, how- ever, succeeding in preventing it altogether, or have tolerated without countenancing it ; and, in fact, it would be impossible to prevent the natives of any country from entering the service of another, if they so list; the only just reservation seems to be that they should on no account bear arms against their native land. It has been said by the apologists of the Swiss system of foreign recruiting, that the interference of the cantonal governments in a practice which they could not possibly have prevented (for it is well known that, in spite of all their prohibitions, in the times of Louis XII. and Francis I. thousands of Swiss went to join the French armies in Italy, while as many went to serve the opposite party), was in fact beneficial to the men, inasmuch as it secured to them the fulfilment of their capitulations; whilst it preserved in the cantons the right of recalling their respective regiments in case of an emergency at home, or in case the power under which they were serving behaved hostilely towards the Swiss confederation. On the other hand, there has been considerable misconception abroad upon this subject ; the cantons have been represented as selling their countrymen as if they had been cattle, while the truth is that the men were not sold, but enlisted of their own accord for a certain period of time, receiving the bounty money. As long as there are powers that will give a bounty to foreigners who choose to enlist in their service there will be found people, not only in Switzerland but in every country, ready to accept of that reward, and it is impossible to conceive any law sufficiently stringent to prevent them. But the system of foreign recruiting in Switzerland was too extensive and too much encouraged by the cantonal governments not to deserve pecuhar animadversion, as being a source of corruption to all classes of the people. An instance of the evil effects resulting from the system which pre- vailed in several Swiss cantons of receiving pecuniary subsidies from foreign powers, on condition of supplying those powers with mercenary troops, occurs in the history of Zug in the eighteenth century ; and an account of the transactions which took place there will serve at the same time to exhibit a picture of the social slate of those little democracies, in which, as in most other democracies ancient and modern, the influence p 2 ^\ 212 HISTORY OF SWITZERLAND. [period V. PERIOD v.] history of SWITZERLAND. 213 of certain families and their clients gave rise now and then to turbulent factions, and destroyed the individual liberty and security which are sup- posed to constitute the essence of a popular form of government. Tiie canton of Zug was divided into four districts, of which the town of Zug and its immediate territory formed one. The landamman uas chosen by turns from each of the four districts, but some of the old families of the canton had found means to monopolize, or at all events greatly to influence most of the votes in the council of state, the members of which, as has been already observed, were generally allowed to remain in office for life. Among these families were the Zurlauben, who were not only one of the principal families of the canton, but also enjoyed considerable favour with the court of France, partly on account of the military services which several of its members had rendered to that power, and partly because it supported in the councils of Zug the alliance which existed between the canton and France. The subsidies paid by France to Zug, according to the stipulations of the alliance, as well as the money sent to be secretly distributed among the supporters of French interests, passed through the hands of the Zurlauben. The same family had farmed the monopoly of the salt, which the government of the canton drew from Burgundy and retailed to the people at a considerable profit. There was a party, however, hostile to the Zurlauben, and consequently hostile to the French connexion also. At the head of this party stood Anthony Schumacher, a man of talent, but violent and ambitious. He wished to have the farm of the salt himself, as he was concerned in the trade of so much of that article as was drawn from the mines in the Tyrol. He began by casting suspicions on the honesty of his antagonists in their administration of the farm, as well as in their distribution of the French subsidies, which he contended ought to be divided equally among all the citizens. The turn for electing a new landamman having come to one of the country districts, the people elected to the office one of Schumacher's party, who instituted proceedings against the former landamman and several of his friends on charges of malversation. Several of the accused ran away and were banished for life, and their property was^confiscated, in 1 128. Schumacher himself being elected landamman, in 1731, annulled the alliance with France, that power having refused to remit its usual subsidies to be distributed among all the citizens. A per- secution now began against the French or Zurlauben party, who were styled the soft, by the partizans of Schumacher, who were favourers of the Austrian alliance, and who were called the hard. Schumacher having formed a new landrath or council of state from among his friends, en- forced the most arbitrary measures, filled theprisons with persons of the soft party, some of whom were executed, others were condemned to the pillory, and others were sentenced to wear for a twelvemonth a red worsted cap as a mark of infamy. Schumacher raised troops in order to repress the discontent which these measures excited, the gates of the town of Zug t i were regularly guarded and closed at particular hours by his order; in short, he established a system of terror which he supported at a consider- able expense to the country. At the expiration of Schumacher's period of office, the people, weary of the rule of his faction, chose as his successor a man of different sentiments, who was favourable to the party of the exiles, many of whom returned home. Some months afterwards Schuma- cher, having given in his accounts, was charged with mal-administration of the public revenue, his name was erased from the list of counsellors, and he was thrown into prison with several of his friends. A general reaction then took place against the hard faction. Schumacher being convicted, probably with as little regard to the forms of justice as he had himself shown towards his enemies, was led to the scaffold in March, 1735 ; but having begged for his life, he was condemned to hard labour, and died seven months afterwards. Zug renewed its alliance with France, but new troubles having taken place concerning the application of the subsidies, the other cantons were obliged to interfere, and it was stipulated that the sums paid by France should in future be distributed amongst the citizens. The criminal laws of Switzerland were founded on the Caroline code, or code of Charles V., with modifications and additions in several of the cantons, which had their own statutes and customs. The judicial legis- lation in general was in a very defective state. The principle that "the confession of the criminal was requisite in capital cases, and the practice of the torture, which was a derivation of the same principle ; the custom of appointing special commissioners to judge of particular cases ;. the too great discretionary power given to the judges ; the union of political and judicial attributes in the same individuals ; these and other anomalies disfigured the administration of justice. In many cases, especially in the democratic cantons, the penalty of banishment, which to some individuals may be a very severe one, while to others it is hardly any penalty at all, was resorted to for the sake of economy, in order to save the expenses of keeping the prisoners in confinement. The unjust practice of confisca- tion likewise prevailed. In ordinary times cases of flagrant injustice were rare, owing to the principles of honesty and justice which form a part of the national character, but when civil dissensions had excited violent passions, acts of judicial partiality and oppression were by no means rare, as the above narrative of Schumacher rnd other similar instances, which may be found in the history of almost every canton, amply prove. The sciences, and especially natural philosophy and mathematics, were successfully cultivated in Switzerland during the eighteenth century. The names of Bernouilli, Euler, AVeiss, and Iselin, at Basle ; Lavater, Gesner, and Hirzel, at Zurich ; Haller, at Bern ; Bonnet, Saussure, and Deluc, at Geneva ; Muller, at Schaffhausen ; and many more who could be mentioned, prove that Switzerland contributed its full share towards '\ 214 HISTORY OF SWITZERLAND. [period V, increasing the stock of European learning during that period. The acute and eloquent though wayward J. J. Rousseau must not be omitted, for he was a native of Geneva, though he lived and wrote mostly away from his country. Another additional glory of the Swiss philosophers is that they were, with the exception of Rousseau, moral men and religious without bigotry. The Helvetic society, which was instituted in 1761, constituted an assembly of all the most enlightened men in the country, who met once a year for the purpose of discussing not only scientific subjects, but also matters connected with the encouragement of sound public and private morality, of education and useful industry, and especially of im- provements in agriculture. Such was the state of things in Switzerland in the eighteenth century, a state of things in which, after making due allowance for all the evils and imperfections of the political system, there was still enough of good left in the social and domestic condition of the people to entitle their country to be called one of the happiest in Europe. The chief authorities for this 5th period are the following :— Mallet, Continuation de VHistoire dea Siiisses de I. Midler. Stannyan, Ac- count of Switzerland, 1714. Wm. Coxe, Sketches of the Natural, Civil, and Political State of Switzerland^ in a series of letters^ 1778. Berenger, Histoire de Geneve, 1772. Leu, Lexicon Helveticum. Flisi, Erdbeschreibnng der ganzen Helvetischen Eidgenossenschaft. Geogra- phische^ und Hisiorisches Lexicon der Schweiz, Ulm, 1796. Bon- stetten. Souvenirs de 18.31. For the thirty years' war, Coxe's History of the House of Austria and Schiller have been consulted. The troubles of the Valteline have been related by Lavizzari, Quadrio, and others. SIXTH PERIOD. FROM THE FRENCH INVASION OF 1798, AND THE CONSEQUENT DISSOLU- TION OF THE OLD HELVETIC CONFEDERATION OF THIRTEEN CANTONS, TO THE NEW ORGANIZATION OF SWITZERLAND AS A FEDERAL STATE, CONSISTING OF TWENTY-TWO CANTONS, IN 1814. The great revolution of France, whilst it totally dissolved the social re- lations in that country, produced in the sequel a similar effect on the political system of Europe which had existed since the time of Charles v., and had been consolidated during the latter part of the reign of Louis XIV. In the numerous continental wars of the seventeenth and eighteenth centuries between France, Spain, Austria, and the lesser powers of Europe, although encroachments and violations of treaties had often occurred, still, at the end of each war, former stipulations were referred to as precedents, and the principle of a balance of power was appealed to as in some sort the state law of Europe. War itself (ex- cepting indeed that great stain on the history of modem Europe — the dismemberment of Poland) was made rather for the purpose of partial aggrandizement, than for the total overthrow of any particular state, or the subversion of its internal social system. But the wars of the French republicans, partly owing to the want of moral principle, and partly also to the irritation produced by the overbearing denunciations of foreign monarchs at an early period of the revolution, assumed quite a novel character, aiming at a total change, internal as well as external, social as well as political, in every one of the European states. Former treaties, balance of power, sovereign rights theretofore acknowledged, respect for neutrals, and the other fundamental maxims of the law of nations, were ineffectual barriers against the tide of conquest, which rushed on with the avowed purpose of destroying the whole existing system of society, assuming it to be altogether wrong, and founded on false principles. No former treaties were considered as binding, since they had been entered into by powers which the jurists and politicians of the French republic chose to consider as illegal and usurped. Ac- cording to them there was not a single legitimate government in all Europe, because none of the governments of Europe were elected by the numerical majority of the people. With such new maxims of in- ternational law in the leaders, and a corresponding fanaticism in their ■"^^_ 216 HISTORY OF SWITZERLAND [period VI. M ■[ agents and instruments, all former ideas of reason and justice became confused, and the solution of every question was left entirely to physical force, or to the arts of conspiracy. All means were considered lawful for the overthrow of institutions which were denounced as tyrannical. Humanity and even justice were considered as treason against liberty. The wars of the French revolution in their intolerant fanaticism closely resembled the religious wars of the middle ages. Nor is this a matter for surprise; for when a set of men persuade themselves that they alone are in the right, they will needs be repeatedly roused to deeds of desperate valour, and often be hardened to tie commission of remorseless cruelty. The fanatical revolutionists adopted the dangerous principle that, for the sake of liberty, all means are justifiable, and to this principle they gave the most ample latitude of interpretation. = ' There is a fine passage in Sir James Mackintosh's defence of Peltier, which exhibits in a vivid manner the fearful havoc which the French revolution made among the independent states of Europe. Alluding to the republican governments of the United Provinces of Holland, of Switzerland, and of the imperial towns of Germany, he says : '* These governments were in many respects one of the most interesting parts of the ancient system of Europe. Unfortunately for the repose of man- kind, great states are compelled, by regard for their own safety, to con- sider the military spirit and martial habits of their people, as one of the main objects of their policy. Frequent hostilities seem almost the necessary condition of their greatness ; and, without being great, they cannot long remain safe. Smaller slates, exempted from this cruel necessity, devoted themselves to the arts of peace, to the cultivation of literature, and the improvement of reason. They became places of refuge for free and fearless discussion ; they were the impartial spec- tators and judges of the various contests of ambition, uhich, from time to time, disturbed the peace of the world. They thus became peculiarly qualified to be the organs of that public opinion which converted Europe into a great republic, with laws which mitigated, though they could not extinguish, ambition ; and with moral tribunals to which even the most despotic sovereigns were amenable. * * « « These governments were, in other respects, one of the most beautiful and interesting parts of our ancient system. The perfect security of such inconsiderable and feeble states, t eir undisturbed tranquillity amidst the wars and conquests that surrounded them, attested, beyond any other part of the European system, the moderation, the justice, the civilization to which Christian Europe had reached in modern times. Their weakness was protected only by the habitual reverence for justice, which, during a long series of ages, had grown up in Christendom. This was the only fortification which defended them against those mighty monarchs to whom they offered so easy a prey. And, till the French revolution, this was sufficient. Consider, for instance, the situation of -■^ PERIOD VI.] HISTORY OF SWITZERLAND. 211 the republic of Geneva : think of her defenceless position in the very jaws of France ; but think also of her undisturbed security, of her pro- found quiet, of the brilliant success with which she applied to industry and literature, while Louis XIV. was pouring his myriads into Italy before her gates ; call to mind, if ages crowded into years have not effaced them from your memory, that happy period when we scarcely dreamt more of the subjugation of the feeblest republic of Europe, than of the conquests of her mightiest empire, and tell me if you can imagine a spectacle more beautiftd to the moral eye, or a more striking proof of progress in the noblest principles of true civilization. These feeble states, these monuments of the justice of Europe, the asylum of peace, of industry, and of literature, the organs of public reason, 'the refuge of oppressed innocence and persecuted truth, have perished with those ancient principles which were their sole guardians and protectors. They have been swallowed up by that fearful convulsion which has shaken the utmost corners of the earth. They are destroyed and gone for ever. * That revolution has spared many monarchies, but it has spared no republic within the sphere of its destructive energy." At the time of the first outbreak of the French revolution, the Swiss confederation collectively, and the cantons individually, were bound to the old French monarchy by long existing ties; most of them had entered into treaties, called as we have alieady said '* capitulations," by which they furnished a certain number of regiments to the French service. The revolutionary clubs in France endeavoured to make pro- selytes among the Swiss soldiers, and in one instance they succeeded. In 1790, a part of the Swiss regiment of Chateauvieux, in garrison at Nancy, mutinied, the soldiers jjlundered the regimental chest and killed some of their officers. The tumult was soon quelled, and the leaders of the mutineers were tried by a court martial of their own officers, ac- cording to the disciplinary laws of the Swiss regiments. Several of the culprits were condemned to death, whilst others, who had shared in the plunder of the military chest, were, to the number of forty-one, condemned to the gallics. They were given up to the French police and conducted to Breit. But in the following year, upon a motion of Collot d'Herbois, supported by the club of the Jacobins, they were ordered to be released, were led in triumph to Paris, introduced into the hall of the legislative assembly as the victims of tyranny, and were declared by that body to have well deserved of the country. Rewards were given to them. Early in 1792 the Bernese regiment of Ernst, in garrison at Aix, after having sworn to the new constitution of France, was suddenly at- tacked in its barracks by a numerous band of Marsedlais, who were on their way to Paris, where they afterwards figured on the memorable ' 10th of August, and 2d and 3d of Septeml)er of that year. The Mar- seillais wanted the arms of the Swiss, which were in fact Swiss property. 218 HISTORY OF SWITZERLAND. [period VI* ( ll The colonel of the regiment kept his men in the harracks, waiting for the orders of the French commandant of the town. The commandant, Puget Barbantane, who had been lately raised to his station on account of his violent politics, advised the colonel to give up the arms. The colonel, to prevent a useless massacre, marched out his men, leaving their arms behind them in the barracks. Bern recalled the regiment home, and demanded the arms which belonged to it, but the demand, although supported by the king when presented to the legislative as- sembly, was contemptuously disregarded. The regiment Steiner of Zurich, in garrison at Lyons, received orders to march to the south by separate battalions, but the lieutenant-colonel and the captains resisted the measure as contrary to their capitulations. The government of Zurich approved of their conduct, and wrote to the king at the same time as Bern, complaining of the infraction of solemn treaties, and of the insults to which their countrymen were exposed while they Mere honourably fulfilling their duties. These remonstrances afflicted the king, but produced no other effect. M. Barthelemy was soon after sent to Switzerland as minister of France ; he was a man of honourable character and of conciliatory temper ; and he had the difficult task of smoothing down the resentment of the Swiss, and pre- venting an open rupture, which could only have added to the king's perplexities. At last the 10th of August, 1792, arrived. The massacre of the Swiss* guards, uselessly sacrificed through the king's indecision, plunged into mourning a thousand families in Switzerland. In the old times of Sempach and Morat, one-tenth part of such atrocious injuries would have roused a cry of defiance and revenge from every valley and every nook between the Alps and the Jura; but it was not so now. The larger and more aristocratic cantonal governments were afraid of break- ing altogether with France, and of thus losing the pensions and emolu- ments they derived from that power. They fancied the monarchy would survive the storm. They were also afraid of their own country- men, for at that time the rural population of the town cantons began to show fresh symptoms of discontent at their exclusion from the legislature. Many Swiss capitalists were holders of French stocks and of assignats, and they of course deprecated a rupture. M. Barthelemy took advan- tage of all these circumstances, and although he was ill received at first, and was obliged to quit Soleure, the customary residence of the French ambassadors, and to retire to the town of Baden, yet, by his insinuating address, he contrived by degrees to conciliate the minds of the leading men of the cantons, and to confirm them in a system of neutrality during the war which had broken out between France on one side, and Austria and Prussia on the other. The diet declared its neutrality in May 1192. Louis XVI. contributed to this decision by his personal PERIOD VI.] HISTORY OF SWITZERLAND. 219 and urgent communications to M. Bartht^lcmy, and through him to the men of greatest influence in the cantons. The king wished to keep the bwiss neutral, in order that France should not be open to an attack on that side, the most exposed of its frontiers ; for Louis XVI. was sincere Jn wishing to spare his country the horrors of foreign invasion. The court of Austria, which was then the principal power at war with J^ ranee, did not reply to the communication of the diet relative to the neutrality of Switzerland until four months after it was made ; then however, the emperor stated that "he conceived this resolution of the ^^wiss to be adapted to the present circumstances, as the Swiss mi^ht expect thereby to remain safe from the irruption of a superior enemy » ihe en^peror, however, invited the Swiss, now that new and unforeseen events had occurred, alluding to the massacre of the guards, &c., to con- sider whether they should persevere in their first resolution; should hey do so however, his imperial majesty declared - that he acknow- ledged and would scrupulously respect their neutrality." This note was dated from Vienna, 29th of August, 1792. No invitation to the Swiss to join the coalition, no ofler of assistance or of subsidy was made. The Swiss, therefore, had every reason of prudence and policv for perse- vering in their neutrality. ^ ' ^ The French convention, which had succeeded to the legislative assembly in September, 1792, was then swayed by the party called Des Girondins, who proclaimed the republic. Brissot, one of the leading members o this, party, carried a motion to dismiss all the Swiss re^ments in the French service, without previously consulting the respective cantons, or even informing them of this decision, without granting to the officers the pensions to which they were entitled by treaty, or paying the soldiers up to he time of their capitulation, nay, without even paying the arrears n 000 r; .. '^T"^ '^''" '"^ ''^^'^^ ^'^'^y -'^^ -finally 1^,000 but the preceding massacre and mutinies had reduced their number) were thus at once thrown out of the profession they had en. gaged in, on the guarantee of solemn stipulations. At the same time the frontiers of Switzerland were threatened by of he bisho"'; T. 1 'T ''''''''''-''' ^^d broken OMt in the territory the people. The bishop, who was a prince of the German empire as well as an ally of Switzerland, applied first to the cantons ; but o'the declining to interfere, he appealed to the emperor, whos troops came and occupied the country. In the following year, war having begun beuveen Austria and France, the French in their turn occuJiedThe bishopric of Basle, and drove the Austrian garrison away. The French were thus masters of the passes of the Jura, and stood onihe very borders several of the cantons; his territory was included in the neutrality of s\ 220 HISTORY OF SWITZERLAND. [period VI. PERIOD VI.] »■ < I : Switzerland, and was under the protection of the confederation ; yet the diet made no remonstrances on this account. The bishopric of Basle was turned into a republic, with the classical name of Rauracia ; but this little republic, after an existence of three months, became merged into the great French republic in March, 1793. From that time until 1814 it constituted a department of France, call'ed the department of Mont Terrible. The republic of Geneva, placed on another extremity of Switzerland, was at the same time threatened by the French army under General Montesquiou, which had entered Savoy, war having broken out in September, 1792, between France and the king of Sardinia. The French executive, at the instigation of Claviere, the minister of finances, himself a native of Geneva, who had fled his country in consequence of the political troubles of 1782, ordered General Montesquiou to enter Geneva either by force or by stratagem, to proclaim the rights of man, to seize the arsenal, and " send the 20,000 good muskets it contained to France, where they were much wanted." Such were the words of Servan, minister at war of the convention, in his dispatch to General Montesquiou, 3d October, 1792, a dispatch quoted in the general's cor- respondence, which was afterwards published. Geneva was at peace with France, and had given no offence to that country. Bern and Zurich, the old allies of Geneva, being informed of the threatened inva- sion of Geneva by the French, sent a body of 1,500 men, with orders to defend it to the last. Soon after Bern marched a corps of 10,000 men under General de Muralt to the frontier towards Geneva. The Bernese general signified to Montesquiou his determination to protect Geneva ; and the French general, himself a man of moderation and of honourable principles, concluded a convention, by which the neutrality of Geneva was acknowledged. The Swiss troops then left the town. This con- vention, however, was not approved of by the French republican govern- ment; and General Montesquiou was superseded, and obliged to save himself from the guillotine by flight. It was on this occasion that Brissot made his memorable report of the 23d November to the National Convention, in wihich he declared that "Geneva shall obtain from us no treaty unless she adopts our principles. You will decide whether a free nation should be bound by treaties made with governments that do not hold their powers from the people. This is, perhaps, the great secret of our revolution, and of the other revolutions which are now in course of preparation." Three days before, the convention had, on the motion of Lareveillere Lepaux, proclaimed to the world that it offered its fraternity and its assistance to all people who wished to recover their liberty; and on the 31st October preceding the Deputy Gregoire had carried a motion to demand of the canton of Soleure the liberation of three officers who had been arrested for sedition, adding that the French HISTORY OF SWITZERLAND. 221 republic would consider a refusal on the part of the Soleure government Ter Lut bn T.f ''' T'"' " ^" ^°"^^"^P^ ^^ ^^ P-^p'-, and all riZ of't »'''i ' P"'"^ '^^"' ^^^"^^ - offence uglinst the tie Girond . I /' 'T"' '"" ^^"^^^1 Dumouriez' Memoirs, that Zs after Tl' "p ' ^T?'' ""'' "^' ^^^"^^^ ^^'^ '«^^' ^^ --« gZ^ ^^^ \^T^ ^'^ ''^'' ^"^^"^^^ "^^-^r home. The he ti ^"^^^V" P"'"'- i^^b^^Pi^'-re even affected a marked regard fo; o hfs f"^ -f /^e a--ed Colonel Weiss, one of the senators of Bern, to ilv! T'f ' .TT'' ''^^'^'^^ '^''^' I- ^^^^' Robespierre seems to have abandoned the plan of revolutionary proselytism adopted by his Another reason may have contributed to the moderation shown by the wStr:"""!?""'^ ^'^ '^^^^- ^y^- -^ ^^--"es were in md th S '^ ^ T''''''''' ' '^^"^^^ ^'^^ ^-"P-d by the allies. Had the Swiss marched 20,000 men to the assistance of Lyons, while Savov Ir" 'T': ""' ^'^^"^^"^ ^" ^^^ --^ d--t-n through fhroJ: i ^ "''^' ^T' '""^'^ '''' '''^'^ ^^^'^ «--^d Lvons, and over- h own the power of Robespierre in September, 1793.' And it seems Ind Sar7 '^"TI' '? '''^ '''''' "^^^ ^^'^ '' ^he cantons by Austria and sardmia which, however, led to no result. All the measures of DuHnV't. fi "T^"' ^""' ""^ ill-combined or ill-fated. French rPn„Ki;„ ., ""L^- /' ^feneva the diplomatic agent of the bl had ro™;nt "The f ^^^^^^ "Ti' '"'"'""^'^ ''="^'"'' *^^ ^^'- political XhKf Jl ^'^""' "^ *^ *"""' *"'^"'S "'^'''"'^d the old Slief of tl; ". "' '"' '■°™^^'y ''^"> «' ^^"--^^ -ith the u tamihes of the citizens, were now united with the latter against any MesKoT. ^"' ,T''" "'''''' •'^"^"^ ^''^ -'"'b>tants. whose thZ Lrtw .r" f"'^ '' ^*°^™ ^"^ *« period required to give Irlndinf ' ,, '^^"'"P' ''''' dissatisfied, and the peasa^of^.he clZ a tri 1 r* "'". '"""""^'^ ^""^J^^* '» '>^« town begTalso to clmm a part cipa ,on in the political power. Soulavie, by preaching to them the principles of the rights of man, fanned the flame.' Soon aft" tll^r T "^ Y ^''' «^"^^''' *«= malcontents seized on the ar ena , and conyoked a general assembly of the people, which they obhged all the burghers to attend. They easily carried ^ motTon for deposing the great and the little councils, whih were repTac d by a par!y to de^r H f^ ^°"'"'''' ^""'''"^ ^«« '" '"d"<=e the popular party to demand the incorporation of Geneva with France ; but in thl ik / ^'2-2 HISTORY OP SWITZERLAND, [period VI. PERIOD VI. J HISTORY OF SWITZERLAND, 223 i he was disappointed. The question being proposed, the popular govern, ment rejected it as decidedly as the citizens, or aristocrats, as they were called, had done before. The government of Robespierre, not wishing to come to open hostilities with the Swiss, Soulavie contented himself with excitine: discontent among the more violent of the lower classes, who, at Geneva as in France at the same epoch, controlled the adminis- tration and the laws. All trade being at an end, the mechanics and small traders, who constitute a great proportion of the population of Geneva, were deprived of the means of subsistence, while at the same time they were told that they were equal to their wealthier countrymen. The next step was to carry this equality into practice. One summer evening, July, 1794, a party of revolutionists seized on the gates, the fortifications, and the artillery, turned the cannon against the town, and then arrested several hundred citizens among the principal families, magistrates, merchants, men of science, many of whom had never inter- fered in political disputes ; some were murdered either publicly or in prison, and a tribunal was formed to try the rest. Forty were con- demned to death as aristocrats, 100 more were exiled, and their pro- perty confiscated; the rest were condemned to imprisonment and other penalties. Of those condemned to death, some had escaped, several more were reprieved by the general assembly ; but a band of infuriated wretches stormed the prison, and led the victims to the place of execution, where they were shot. The revolutionary tribunal, which was not composed wholly of men of the lower classes, passed its sentences under the fe-ir of the same mob. Heavy contributions were imposed on all who were possessed of property ; and as most of these could not pass for patriots, according to the meaning of the word at the time, they were divided into two classes, the indiffei'entists, or apathists, who were taxed twice as much as the democrats, and the aristocrats, who were made to pay a treble amount. This system of terror, which lasted more than a year, fell after the overthrow of the terrorist government of France, to .which it owed its origin, and which it copied on a diminutive scale, but in a spirit of equal atrocity. Some of the actors in those transactions were still living at Genevrflk few years since. In 1795, all parties being tired of anarchy and violence, an approximation took place; the constitution of 1782 was re- established, and the enjoyment of political rights was extended to all the inhabitants born in the canton. The exiles were recalled, and peace seemed once more re-established at Geneva; but it was not to be permanent. Meantime disturbances of a different character, and derived from more plausible grievances, broke out in other parts of Switzerland. The inhabitants of Stncfa and other villages on the banks of the lake of Zurich demanded in 1794 a participation in the rights enjoyed by the citizens, and particularly the freedom of industry and of trade. It has been mentioned already that the rural population of Zurich, Basle, and some other town cantons, had no share in the employments and offices of the state ; that they could not carry on any trade on their own account; that the cloth they wove they were obliged to sell to the town merchant from whom they received the raw cotton for its manufacture ; that, in short, their commerce was restricted to the sale of their corn, wine, and other agricultural produce, all other branches of industry being monopo- hzed by the freemen of the city. The petition from St^fa was sent round the other villages for signatures. The government of Zurich having learnt this, arrested several of the promoters of the petition, some ot whom were banished, and others condemned to fines and other penal- ties, in January, 1795. Several elders of the commune of Stsfa made researches in their municipal archives, and discovered an old convention, dated 1489, between the town and the rural communes, and several subsequent documents, by which freedom of trade and industry was guaranteed to the latter. The people of St^fa and the other villages sent a deputation to inquire whether and when such acts had been annulled. The government in answer sent a body of troops with cannon, who surrounded St^fa, and forced the inhabitants publicly to renounce by oath whatever title or claim they might have had to the ?« mn^? mentioned. Sta^fa was condemned to pay a fine of 78 000 florins, and several of the principal persons in the place, among others a magistrate of the name of Bodmer, were condemned to perpetual imprisonment. This scene of injustice occurred in July, 1795. In the old territory, alte landschaft, subject to the abbot of St. Gall, one of the allies of the cantons, the communes assembled and formed a committee who drew out a list of grievances, which they presented to he abbo in March, 1795. The principal complaints were, that fresh taxes had been levied by the abbey upon the country people, while the ecclesiastics and public functionaries were exempt from all charges: that feudal personal services were still enforced; and that the people were deprived of all municipal rights. The abbot, named Beda, was mmself the son of a peasant, and was therefore well acquainted with the truth of these complaints. He listened favourably to the petition, but his authority was limited by that of the assembly of the monks, where he found the majority opposed to all concession. He, however, insisted upon reforming the abuses, and actually signed, in 1795, a charter by which he gave to his subjects the right of electing their magistrates and the members o the landrath or executive council, and of buying off the feudal dues and other charges ; he abolished the corve'es (o^ service on he roads), and ordered that all classes, ecclesiastics as well as laymen, should pay their share of the taxes. The people were rejoiced, and the name of the abbot Beda became venerated all over the country The government of the executive directory had now taken the reins of affairs in France. That government is generally acknowledged to have been as unpnnciph.d and dishonest in its foreign relations as it ^as vuc Ua 224 HISTORY OF SWITZERLAND. [period VI. PERIOD VI.] HISTORY OF SWITZERLAND. 225 1/ ting in its internal policy, and it was indebted for a few years* existence only to the general dread of the return of the rule of the terrorists, who had preceded it, and to the splendid successes of Bonaparte, who finally overthrew it. The directory, which on its first appointment numbered among its members two men of honourable principles, Carnot and Barthelemy, the latter of whom had been recalled from his Swiss embassy, appeared for a time disposed to respect the neutrality of the confederation. The minister of Switzerland had a public audience at the Luxembourg, and the Swiss flag was placed in the hall of the con- vention by the side of that of the United States. But the governments of the cantons w^ere continually annoyed by peremptory notes from Paris, now requiring them to drive out of their territory the French emigrants, now demanding the expulsion of the clergjy of Savoy, who had been obliged to take refuge among the Swiss Protestants, and had received hospitality at their hands; sometimes complaining of false assignats being circulated in Switzerland, at o'lier times denouncing the ministers of the allied powers in Switzerland as intriguing against the French republic. The Swiss governments showed themselves docile almost to servility to these and other overbearing messages from the directory. They had, in fact, placed their only hope in a passive neutrality, and that neutrality proved in the end their ruin. When in 1796 general Moreau made his well-known retreat through Suabia, the left of his army, pursued by the Austrians, threw itself on Swiss ground for refuge, they laid down their arms on the frontiers, but they were kindly supplied with all necessaries, and safely escorted, they and their baggage, and even the plunder which they had gathered in Germany, through the territority of Switzerland to the frontiers of France. The events of the 18th Fructidor, 4th September, 1797, in which the executive directory by an act of tyrannical violence triumphed over the more moderate portion of the French legislative councils, and arrested and transported to Guiana between fifty and sixty deputies, including the ex-director Barthelemy (Carnot found means to escape), had a fatal influence on the destinies of Switzerland. The Swiss lost the support of those men who had always deprecated the attempt to carry war and devastation among a people whom they esteemed, and who had given to France no ground of complaint. The new directory, now all powerful in France, began to assume a hostile tone towards the Swiss confedera- tion. It evidently sought for a pretence to come to an open rupture. The objects of the directory in attacking Switzerland were various. One was the notion then prevailing among military men that the possession of the mountains by one of two belligerent powers ensured the success of its armies in the plains. This may be true of the plains or valleys immediately at the foot of a mountain, but in an extended warfare on a hne of some hundreds of miles, the possession of a mountainous country like Switzerland placed in the centre of that line has no great influence ; on the operations carried on by the left or right wings on the Rhine, the Po, or the Danube, and this appeared manifest in 1799, for while the French and Austrians were disputing inch by inch the mountains and high valleys of Switzerland, the real decisive actions of the campaign took place in Lombardy and in Suabia, and while the French were in pos- session of Zurich and Luzern, they lost all Italy, and were driven beyond the Rhine, the possession of Switzerland serving only uselessly to extend a line of warfare already enormously long, and to sacrifice thou- sands of men on both sides by small parties in a series of desultory and hard-contested mountain engagements, in which no great strategic operations could be executed. But another and more immediate pur- pose of the French directory in 1798 was to ransack the treasuries of Bern, Zurich, Basle, and other wealthy towns of Switzerland, where it was known that considerable sums of money had been accumulated through the provident economy of the cantonal governments. The advantage, too, of spreading their political system over a neighbouring country which could supply their armies with hardy recruits, was not without its weight in the speculations of the French directory ; and the outcry of many Swiss emigrants encouraged them in their plan; although it must be observed that the discontent in Switzerland was, in fact, confined to a few districts, and was by no means general throughout the country. The ostensible pretence was, as usual in those times, to give to the Swiss people liberty and equality, and to put down the aristocracies which, under various shapes, had possession of several of the cantonal govern- ments. The Pays de Vaud, a country subject to Bern, but bordering on France, and where French is the language of the people, afforded the directory a favourable opportunity for interfering. When Bern, in the first part of the sixteenth century, conquered the Pays de Vaud from the dukes of Savoy, that district had a representative body, called the states, consisting of the nobility, the higher clergy, and the chief magistrates of the towns, which states were convoked by the dukes to give their assent to any new laws, and more particularly to any subsidy or tax proposed by the sovereign. States of a similar descrip- tion existed in Savoy and Piedmont, as well as in Naples and other feudal monarchies of the middle ages; but they were by degrees discon- tinucd in the course of the sixteenth century. Duke Emmanuel Phili- bert of Savoy, on returning to his dominions, which had been occupied by the French for nearly a quarter of a century, when the peace of Chateau Cambresis restored them, in 1559, to the house of Savoy, super- seded altogether the assembly of the states, both in Savoy and in Pied- mont, by establishing fixed taxes or tailles instead of the temporary ones formerly granted by those bodies. He created a council, to be consulted at his pleasure, and he transferred the archives of the states to the chambre des comptes, or general board of accounts. At that.time the Pays de Vaud had been for many years under the dominion of Bern, and in Q 226 HISTORY OF SWITZERLAND. [period VI. 1564 Emmanuel Philibert finally ceded it to that canton for ever, with the general condition that the rights and privileges of the country should be maintained. This treaty was guaranteed by Charles IX., king of France. Whether Emmanuel Philibert meant to stipulate for the main- tenance in Vaud of the assembly of the states which he had himself abolished in his own dominions, may be a matter of doubt ; indeed the whole question of these states and of their attributes is involved in con- siderable obscurity, and has been the subject of much literary contro- versy between MM. Laharpe, De Mulinen, Monod, Jean Cart, and lately count Dalpozzo, and other publicists. One thing is certain, that such assemblies, composed of the three estates, nobles, clergy, and the towns, had once existed in Vaud under the counts and dukes of Savoy, but they were very unlike our modern popular representative assemblies, being entirely under the influence of the two privileged orders, and they never met or attempted to meet after the conquest of the country by Bern. On the other hand, it is true that Bern did not impose fresh taxes on the country, the consideration of which seems to have been the principal function of the states. De Mulinen also observes that the elements of which those assemblies were once formed existed no longer in Vaud, as the nobility did not retain any feudal authority or influence, and the upper clergy had disappeared with the reformation ; and there- fore the states now demanded by Laharpe and others must be in their nature totally different from the old ones, which could not be appealed to as precedents. This was said by Mulinen in answer to the Essai sur la Constitution du Pays de Vaud, which Laharpe wrote while he was at Petersburg as preceptor of the grand dukes Alexander and Con- stantine. Some years afterwards Laharpe came to Geneva, and pub- lished another work, inviting his countrymen of Vaud to demand the convocation of the states; and exhorting them, in case Bern should refuse, to claim the guarantee of France, that power having been a party to the treaty of Lausanne of 1564. Such was the ostensible origin of the revolt of th^Pays de Vaud against Bern, and of the French inter- ference, which led to the destruction of the old Helvetic confederation. Some partial disturbances had occurred in the Pays de Vaud in the first years of the French revolution ; but they were confined to small parties of young men from some of the towns, who, having assembled to celebrate the events of Paris, and being elated with wine, publicly broke forth into seditious expressions against the magistrates of Bern. A court was instituted to try the leaders ; five or six were condemned to a short imprisonment, a few more to banishment for a limited period, and one only, by name Laharpe, a cousin of the author, was capitally con- victed in default of appearance (par contumace), as he had run away. The great mass of the people of Vaud took no part in these transactions; the representations of several communes about certain duties and fees were amicably arranged ; and the country showed no symptoms of dis- PERIOD VI.] HISTORY OF SWITZERLAND. 227 affection till the end of 1797. On the 17th December of that year, the French directory demanded of its own minister for foreign affairs " a report on a certain petition from several inhabitants of the Pays de Vaud, claiming the guarantee of France for the recovery of their rights in conformity to ancient treaties." This petition was presented by Laharpe and other emigrants from Vaud, then living at Paris. The report of the minister Talleyrand being presented accordingly, the direc- tory resolved, on the 28th of December, " that a declaration be made to the governments of Bern and Freyburg, signifying to them that the members of those governments shall be personally answerable for the safety of the persons and property of those inhabitants of the Pays de Vaud who had petitioned, or might yet petition, the French republic, claiming its mediation for the maintenance or recovery of their rights in virtue of ancient treaties." The directory thus threw off the mask. Having concluded peace with Austria at Campoformio, it had now full leisure to prosecute its designs upon Switzerland. At the same time, while a body of French troops under General Menard approached the frontiers of the Pays de Vaud, another corps of 8,000 men suddenly took possession, in November, 1797, of the districts of Erguel, the Munsterthal, and the towns of Bienne and Neuveville, on the north- western frontier of the canton of Bern. These districts made part of the Helvetic confederation; although nominally under the high dominion of the bishop of Basle, they were allies and co-burghers of Bern, and of the other Protestant cantons, who guaranteed their rights and immuni- ties. This was so well known, that the French themselves, in their invasion of the bishopric of Basle in 1792, scrupulously abstained from touching the Erguel, and the other districts similarly situated. But the directory was determined no longer to show regard to neutral rights. It was only after the districts had been seized by the French troops that the French chargt* d'affaires, Bacher, notified to the Helvetic confedera- tion the occupation of them, adding, moreover, that the French republic " intended to demand indemnities for the obstacles which the Swiss government had hitherto opposed to its occupation of those districts." The French were now within one day's march of Bern, and commanded from their positions the whole lowlands of that canton. About the same time, a citizen Mengaud, who styled himself commis- sary of the directory, came to Bern without any diplomatic character, but as the bearer of a letter addressed to the avoyer, requesting the government of Bern to order the English minister, Mr. Wickham, to quit its territory. Bern answered that this was a measure which con- cerned the Whole Helvetic body ; upon which Mengaud proceeded to Zurich, where the chancery of the confederation was, and he there re- peated the demand of the directory in the same unceremonious manner. Mr. Wickham, however, foreseeing this event, and wishing to spare the confederation the embarrassment resulting from his presence, had q2 228 HISTORY OF SWITZERLAND. [period VI. already left Switzerland and retired to Frankfort, writing at the same time to the English cabinet, stating the nature of the case. The English ministry approved of his retirement, and charged him to state to the confederation that the withdrawal of the British legation proceeded merely from the anxious wish of the king to avoid giving the directory any pretence for annoying Switzerland, and disturbing the tranquillity of that happy country. Mr. Wickham communicated this message in a dignified and at the same time a very friendly note, dated Frankfort, 22d November, 1797, which he addressed to the avoyer and little council of Bern. Another note of the directory, dated 25th November, demanded of the confederation the expulsion of all the emigrants, priests, and others who had taken refuge in Switzerland, and the delivery into its hands of the members of the French legislative councils, and other individuals, condemned to transportation after the affair of the 18th Fructidor. The confederation evaded this last request by a counter-demand that the directory should dehver the Swiss conspirators who had taken refuge in France. But the magistrates of Basle had the weakness to give up Richer Serisy, one of the proscribed deputies, and all his papers, after, however, having warned him to quit the town, a warning which he neglected. Another demand of the directory was, that all the Swiss officers who had served in France, and had received decorations from the monarchy, should lay them aside. For the sake of peace, the Swiss governments consented to this. Their humiliation, however, did not save them from ultimate ruin. General Bonaparte, under the pretext of some remonstrances and complaints on the part of the inhabitants against their rulers, had seized, in 1797, upon the bailiwicks of Valtelina, Chiavenna, and Bormio, which had been for centuries dependent on the Orisons, and had incor- porated them with the Cisalpine republic. At the same time all the property, houses, and lands, belonging to citizens of the Orisons which were situated in those districts, were confiscated, to the amount of some millions of florins, and many families were thus ruined. After the treaty of Campoformio Bonaparte left Italy, and took his road through Switzerland to return to Paris in November. He passed thi;ough Geneva, Lausanne, and Bern, affecting a forbidding and supercilious demeanour towards the Bernese authorities, who had shown him the attention of preparing relays of horses, and had sent a deputation to greet him, and to invite him to a banquet. He rejected all their civili- ties, and even neglected to return the visit of ceremony which the avoyer paid him on his passage through Bern. It was only on his arrival at Basle that he exclaimed that he found himself again in a free country. Basle was the part of Switzerland where revolutionary ideas had made most progress. Several leading members of the legislative council, PERIOD VI.] HISTORY OF SWITZERLAND. 229 among others Ochs, openly proclaimed the necessity of a total change of government, not only at Basle, but over all Switzerland. Their idea was to merge, by fair means or foul, the whole of the cantons, allies and subjects, into one democratic representative republic, after the model of France. They formed a club of " friends of liberty," and they were encouraged by Mengaud, who had now assumed the title of minis- ter of the French republic. Ochs wrote a letter to the executive of Basle on the 1st 'of January, 1798, in which, after styling them as usual " most honourable and gracious lords," he told them that this was, perhaps, the last time in which their excellencies would hear themselves addressed in this antiquated formulary, as he considered that a revolu- tion was unavoidable, that all distinctions should be abolished, and that primary assemblies of the people should be formed to choose representa- tives in order to frame a new constitution ; that meantime the old func- tionaries should at once resign their offices, and that a provisional com- mission should be formed to carry on the government. So far as this concerned Basle, the people of that canton had, no doubt, a right to settle their own internal affairs according to the wish of the majority ; but Ochs proceeded to say that all the cantons must be formed into one democratic representative republic, — a plan which was certainly not the wish of either the majority of the cantons, or of the majority of the people in any one canton, as was abundantly proved by subsequent events. Ochs was an enthusiast, and it would appear a sincere one ; he had sustained heavy losses in the French funds ; he had lost his relative, Dietrich, the burgomaster of Strasburg, who perished on the revolutionary scaffold ; and yet he laboured to bring similar misfortunes upon his own country. The peasants of Basle, who were excluded from all political rights, and shackled by the commercial monopoly of the burghers, were easily induced to demand an equality which had been too long denied them ; they broke into open insurrection, drove away the landvogt or bailiffs, and set fixe to their castles. Two or three members of the council of the town, who were themselves of the popu- lar party, were sent to meet the peasants, whom they assisted in draw- ing out three fundamental articles. 1. The admission of the principle of equality and of a representative government. 2. Political and civil equality between townsmen and peasants. 3. The convocation of a national assembly. This declaration of rights was called Magna Charta. A numerous band of peasants carried this declaration into the city on the 20th January, 1798; and the magistrates, overawed by this display of physical force, recalled their deputies from the federal diet, then sitting at Aarau, and on the 5th February resigned their authority into the hands of a commission of sixty persons, selected from all classes. This was the first breaking up of the old Helvetic confederation. It ou£rht to be observed that previous to this event, French trooi>s had spread all around the canton, who, in concert with Mengaud, who re- 23a HISTORY OF SWITZERLAND. [period VI, PERIOD VI.] HISTORY OF SWITZERLAND. 231 sided at Basle, openly countenanced the revolution. Under pretence that the French republic had succeeded to all the rights of the bishop, they introduced guards into the city in order to sequestrate the episcopal palace, which still remained in the bishop's possession. Meantime a general diet of the confederation had assembled at Aarau, to consult on the crisis with which the country was threatened. On the 25th of January the deputies renewed their federal oaths. The president, burgomaster Wyss, of Zurich, called on them " to follow the example of the three heroes of Schwyz, Uri, and Unterwalden, who were the first to call God to witness their determination to secure the liberties of their countrymen. He reminded them that this determina- tion was crowned with success, and had secured to their descendants the blessings which they still enjoyed." Then every deputy swore in the name of his canton, " to observe and maintain their reciprocal alliances, and mutually to defend and protect their respective constitutions." But this solemn ceremony proved only an empty pageant ; Basle, already revokitionized, refused to concur in it, and the deputies of that canton were hastily summoned away by its government. Soon afterwards the diet separated without coming to any resolution. Mengaud, escorted by some French hussars, had been repeatedly at Aarau, vexing the diet with notes, spreading revolutionary pamphlets among the people and the militia, and attending the democratic clubs which he had assisted in organizing. Some of his emissaries having been arrested in the act of exciting the people to sedition, Mengaud had written, on the 2d January, a note to Bern, demanding their release, " as they were friends of the French republic." Bern answered that the accused had not been arrested for mere opinions, but for overt acts of sedition ; and that tlic government of an independent state was only accountable for its con- duct to its own laws and constitutions, and to God above all. On the 6th January Mengaud wrote again on the subject, declaring that all the members of the government of Bern should be made *' personally re- sponsible to the French directory for the safety of the individuals arrested, who were the particular objects of the directory's good will." He next asked for explanations concerning the assembling of the militia by the canton of Bern. As soon as the diet had left Aarau, an insurrection broke out in that town, which was subject to Bern ; the municipality proclaimed its inde- pendence, and hoisted the tree of liberty ; the regiment of the Aarburg militia, near Aarau, revolted against its officers, and formed a revolu- tionary committee ; the officers of the regiment of Zoffingen refused to serve, and were cashiered ; a battalion of Lenzburg refused to march upon Aarau ; and the revolt spread over other parts of the Aargau. A sudden impulse of vigour prevailed in the councils of Bern ; troops were marched upon Aarau in spite of Mengaud's threats ; the miUtia re- turned to their duty ; several of tlie mutineers were arrested, and the others fled to Basle. The country people loudly testified their attach- ment to the government. At the beginning of February, things had assumed a more promising aspect for Switzerland Many deputies of the cantons had repaired to Bern, where they formed a sort of federal representation. The double contingent of the confederation, amounting to 26,000 men, was ordered out, and the Swiss began to look to a war with France without fear, and even with some confidence of success. The insurrection, however, had triumphed in the Pays de Vaud by means of the French arms. On the 24th January. 15,000 Frenchmen from the army of Italy, under the command of General Menard, entered the Pays de Vaud without any previous declaration of hostility, drove away the Bernese authorities, and organized a provisional assembly at Lausanne. Colonel Weiss, who, previously to this, had been sent from Bern with full powers, lost his time in fruitless discussions with the disaffected, who formed only a small minority of the people of Vaud, for the great bulk of the inhabitants were evidently attached to the govern- ment of Bern, and only petitioned for the abolition of certain feudal charges, which dated from the time when the country was under the dominion of the dukes of Savoy. Out of thirty battalions of miUtia, which included almost all the men capable of bearing arms, twenty-four had just taken their oath of allegiance to Bern without the least reserva- tion, and the other six showed only a partial hesitation. The disaffected in some of the towns never thought of calling hi the French ; one or two petitions, scantily signed, certainly were sent to the French general, without the concurrence of the remaining towns ; but what the value of these documents was may be judged from the fact, that the petition from Lausanne contained only 130 names, out of a population of about 10,000 inhabitants; that a pretended petition from Yverdun was im- mediately disavowed by the people of that town ; and that all the other petitions for redress of grievances were addressed to Bern itself. Never - theless, Menard and the French directory proclaimed that they entered Vaud in conformity withi;he unanimous wish of the population. A fatal irresolution prevailed in the councils of Bern. The choice of colonel Weiss decided the loss of the Pays de Vaud. Instead of dis- solving the revolutionary committee of Lausanne, and showing a bold front to the French on the frontiers, which he might well have done, as he had 20,000 men under his command, he was busy writing a pam- phlet, entitled, *' Reveillez-vous, Suisses, le danger approche,'' which he fancied would put down disaffection without further ado. When at last he perceived his mistake, he withdrew his forces to Yverdun, at the northern extremity of Vaud, and thus left the whole country at the mercy of the conspirators and their French auxiliaries. The great majority of the people were taken by surprise, and a separation, which had never entered into their views, 'took place at the bidding of a few individuals, backed by French bayonets ; but when the separation had been once 232 HISTORY OP SWITZERLAND. [period VI. PERIOD VI.] HISTORY OP SWITZERLAND. 233 II I I effected, and Bern itself had lost its independence, the people of Vaud by degrees accommodated themselves to their new situation, a distinct . national character was formed among them, and tliey would then no longer listen to any proposals for a re-union with Bern. Menard, after entermg the Pays de Vaud, sent an aide-de-camp escorted by two hussars, to colonel Weiss at Yverdun, notifying to him that he would consider any opposition to his advance as a declaration of war. On their return the party passed in the night through the village of Thierens, the mhabitants of which, being well affected to Bern, had armed themselves, and had posted sentries to give the alarm. The sen- tries challenged the French party, upon which the hussars fell upon them with their sabres, and in retaliation were fired at, and one of them was killed. This incident was immediately construed by Menard into " a premeditated assault by the partisans of oligarchy, an assassination wliich the great nation could never forgive, &c." * Bern immediately ordered an investigation of the affair, and it was proved by numerous witnesses to have been an accidental affray occasioned by the unjustifiable attack of the French troopers. The directory made a highly-coloured report to the legislative body, recommending a declaration of war against Bern • and the unfortunate village of Thierens was set on fire by the French. The councils of Bern persisted in their vain hope of propitiating the French directory ; they sent explanations and made apologies, couched even in humiliating terms. At the same time they thought of strength- ening the bonds between them and the country people. The German part of the old canton had not shown the least signs of discontent; the people even felt indignant at the encroachments of the French' and determined upon resistance. Twenty thousand of the militia 'were assembled, and the number might easily have been doubled. On the 31st of January the sovereign council of Bern invited the communes to elect a deputation of fifty-two members to take their seats in the assembly. These deputies behaved in an admirable spirit. They addressed to their constituents a declaration, dKted 5th February, full of the most affecting candour and patriotism ; the v spoke of the improve- ments which had been proposed in the council, of the necessity of pre- ser^'iqg the sound parts of the constitution, of the happiness they had till then enjoyed, of the duty of rallying, with one consent, round the standard of the state whilst attacked or threatened from without, and of their own determination to leave unsullied to their descendants the fair name of their country. " We may cease to exist," thus ended this decla- ration, "but our honour must be preserved to the last." For a moment the idea was entertained in the council of establishing a temporary dicta- torship untd the crisis of the foreign attack had passed ; public opinion wasm favour of the measure, which would probably have saved Bern and 8 et 9 Pluviose (27 and 28 January, )798). all Switzerland from the horrors of invasion, but the party of peace and half measures prevailed in the council, and was joined by some of the new deputies from the towns ; and although the wish to save the country was universal, they could not agree about the means. Instead of pro- viding in the first instance for repelling the invader, they appointed a commission to draw the plan of a new constitution, upon the basis of election by the people, and of the admissibility of all the inhabitants to the offices and honours of the state. One year was allowed to the com- mission for the completion of its work, but two months had not expired before Bern had ceased to exist as an independent state. The council of Bern hastened to inform the French directory of their resolution, and they deputed four of their own body to notify it to Mengaud at Basle, hoping to disarm his hostility by this approach to the principles of the French republic. They were soon undeceived. Mengaud wrote, on the 13th of February, an insulting reply, demanding " the immediate abdication of the executive, and especially of the council of war, and the creation of a provisional government, framed on a democratic basis, from which all the members of the old government should be excluded. The majesty of the French republic would not allow of any more vacillation and delay, would not wait for the announced reforms, &c." This was too much even for the temporizing councils of Bern. The party of peace and humiliation lost their influence, and instructions were sent to the deputies at Basle to communicate to Mengaud an unqualified refusal of his demands. Meantime the councils of several of the other town cantons follow^ed, but with greater precipitation, the example of Bern, by changing their constitutions. At Luzern and Soleure the mass of the country people refused all participation in the government. At Soleure a body of pea- saHts entered the town on the 16th of February, and demanded of the council the arrest of the leaders of the revolutionary clubs, whom they qualified as traitors, and, without waiting for an answer, seized about thirty of them, and put them in prison. At Freyburg also parties ran very high, but nothing decisive was effected : so little unanimity was there in Switzerland in favour of democratic institutions. In fact, with the exception of Basic and Zurich, it was the magistrates that revolted against themselves by abdicating their powers under the influence of a panic. In Zurich, however, the old spirit of resistance to the unjust monopolies and privileges of the towns having showed itself at Stsefa and in the other villages near the banks of the lake, the government released those who had been arrested in 1795, and allowed the exiles to return home. These formed committees, demanding the extension of their rights. The government made some concessions, and at the same time called out the militia for the defence of the country ; but the bor- derers refused to send their contingent. -The great council then ordered the election of 120 deputies from all classes of the people, to remodel 234 HISTORY OF SWITZERLAND. [period VI. : the constitution. The old magistrates, however, were left by common consent at the helm of the state as a provisional executive. In these transactions the people of Zurich in general displayed much greater moderation and soberness of judgment than those of Basle, although the grounds of complaint were the same in both countries. But the French and their emissaries were far from satisfied ; they did not want reforms in particular cantons, but a general revolution all over Switzerland, and the fusion of the country into one republic, the ally or rather the hand- maid of France. Mengaud actually distributed his plan of an Helvetic republic, one and indivisible, like the Cisalpine and Batavian republic, to be divided into twenty-two departments, with a directory and a legis- lative body, after the approved fashion of the day. It is worthy of remark, that this man, who arrogated to himself the high office of legis- lator of Switzerland, did not even understand German, but employed as his interpreter a low German woman, the sister of a carrier, who accom- panied him in his mission. He published, among an infinity of other pamphlets and flying sheets with which he inundated Switzerland, a parody of the creed, beginning by, «* I believe in a constitution, one and indivisible, conceived with joy in the bosom of all the patriots of Helvetia, born of freedom, which has suffered under the oligarchs," &c. One change took place, which was demanded by justice as well as by policy. The subjects of the Swiss were emancipated. Most of the cantons agreed to this, and the rest were obliged to conform to the general wish. The smaller bailiwicks became incorporated with the cantons whose subjects they were, and participated in the common rights. On this occasion specimens of the old Swiss feeling of equity displayed themselves. The people of Gaster, who were subject to the joint can- tons of Schwyz and Glarus, on being emancipated, returned of their own accord the sum which the two cantons had paid to their old barons three centuries before, and for which they had received the district as a secu- rity. The subjects of the abbot of St. Gall, on receiving their indepen- dence, offered likewise to give him a compensation upon similar grounds. How different from the conduct of the French republicans and their par- tizans ! The country of Thurgau became independent. The Italian bailiwicks, Lugano, Locarno, and Bellinzona, fonned themselves into a separate community, but continued in their connexion with Switzerland as allies, notwithstanding the suggestions of their Itahan neighbours, who wanted to incorporate them with the Cisalpine republic, like' Valtelina. All these changes took place in February, 1798. The little cantons, the old democracies of Switzerland, remained un- altered. They could not possibly become more democratic than they were, especially after they had emancipated their subject bailiwicks. The Orisons remained also unchanged for the same reason. The town of Mulhausen, an ally of the Swiss, was about this time detached by violence from the confederation. The French, before their PERIOD VI.] HISTORY OF SWITZERLAND. 235 open rupture with Switzerland, wishing to avoid an act of undisguised hostility, had repeatedly urged the citizens of Mulhausen to demand their incorporation with France. The citizens refused, and the French blockaded the little territory of Mulhausen, not only causing the ruin of its trade and manufactures, but absolutely reducing the inhabitants to a state of famine. For two years Mulhausen held out, until, pressed by hunger, it surrendered in January, 1198, " requesting to have the honour of joining the French republic." This act was proclaimed at Paris as being a voluntary expression of the sentiments of the people of Mulhausen. In the following April a similar demand was obtained by analogous means from the citizens of Geneva. But here French troops actually urged on the determination of the people. A body of soldiers demanded to pass through the town, and being once admitted took pos- session of the fortifications. The rest followed as a matter of course. The French army which occupied the Pays de Vaud had its head- quarters at Payerne, on the high road to Freyburg and Bern. General Brune, a protege of the director Barras, had succeeded Menard in the command. The Bernese troops under general D'Erlach were posted at Morat. Brune began by summoning D'Erlach to give up Morat. "Were I base enough," answered the veteran, " to forget for a moment my duty, the monument I have here before my eyes would be enough to recall me to it." He alluded to the chapel with the bones of the Burgundians who were defeated by the Swiss in 1476. Brune changed his tactics, and sent a conciliatory message to Bern. The party for peace in the councils resumed its ascendency, agents were dispatched to Brune, and this interchange of inconclusive messages lasted for some weeks. Mean- time Brune was waiting for reinforcements which should raise the French forces in Switzerland to 45,000 men. They had as yet only 25,000, including the corps on the northern frontiers, and Bern had an equal number in the field. When the Bernese messengers urged Brune to sign the preliminaries of a treaty by which the French troops should withdraw from the Pays de Vaud, Brune at last acknowledged that he had no power to sign such a convention, but that he would send a courier to Paris, whence he had no doubt he should receive a satisfac- tory answer. And this procrastination succeeded in lulUng the councils of Bern to sleep on the brink of the precipice. The minority of 120 members saw the snare, but they could no.t make it visible to their col- leagues; so that a truce was signed with Brune for fifteen days^ which was to expire on the first of March. During the armistice, emissaries of the French spread all sorts of in- sidious reports among the Bernese soldiers, that their own government was betraying them, and had sold them to the French. The soldiers, chiefly taken from the simple peasantry of the country, seeing the im- accountable indecision of their government in front of an insolent foe, were inclined to believe that treason lurked somewhere. These ma- 236 HISTORY OK SWITZERLAND, [period VI. PERIOD VI.] HISTORTt OF SWITZERLAND. 237 I ( nceuvres became known at Bern, a feeling of indignation burst out, and dispositions were made by general D'Erlach to begin hostilities at the expiration of the truce. The 25,000 men of Bern were ranged in three divisions : one under DT.rlach himself was posted between Freyburg and the lake of Morat ; another under Graffenried was posted between Buren and the lake of Bienne ; and the third protected the town of Soleure. The two last divisions were opposed to the French corps under general Schauenburg, which occupied the territory formerly belonging to the bishopric of Basle. About 5,000 men more, being the scanty contingents of several cantons, were kept as a reserve. The towns of Freyburg and Soleure were both garrisoned by their own militia in con- junction with the Bernese. General D'Erlach, on the 26th of February, entered the sovereign council, and there tendered his resignation unless they gave him full powers to act immediately upon the expiration of the truce. « It is useless," said he, " to keep so many brave men under arms, waitinrr until the enemy has completed all his preparations, and has succeeded m sowing dissensions in our ranks. Let us determine to save our country, or let us send these poor men to their homes." It was then that the council gave D'Erlach full powers to act according to his judg- ment. A courier arrived at the same time from Brune offering to renew the negotiations, and the council again sent two deputies to him, but confirmed general D'Erlach's powers. Brune insisted as his ultimntum that the councils of Bern should abdicate. The deputies declared such proposals to be inadmissible, and they left him on the 28th, the eve of the expiration of the armistice. On that very day a scene of confusion and rum took place at Bern. The parly in the legislative council which was detennmed to submit to the French rather than try the fortune of arms, availing themselves of the absence of many members,-omcers v.ho had gone to the army with D'Erlach,-carried by a small majority a resolution revoking the powers given to the general, and forbidding him to attack the enemy. They likewise carried another resolution for the abdication of the executive, and the institution of a provisional regency, sending at the same time another deputation to Brune acquainting him with the pro- posed change, and deprecating his hostility. Brune received the ines- sage with contempt, and demanded that the Bernese army should be immediately disbanded. This would have been to surrender at discre- tion ; and the order was again given to D'Erlach to attack after tlie ex- piration of the armistice, namely, in the night between the 1st and oa 01 March ; but two hours afterwards another counter order came to his head-quarters informing him that Brune had granted a prolongation of the armistice for thirty hours. Nevertheless, on the morning of the 1st of March before the expiration even of the first armistice, the Fronch army under Schauenburg attacked the castle of Dornach near Soleure, ana m the night surprised a battalion of Oberlanders posted at Lengnau cut most of them to pieces after a sharp resistance, and while the report of the new armistice was circulating through the Swiss lines, Schauen- bur"- pushed his columns to the walls of Soleure. He summoned the town to surrender within half an hour, with a threat of burning it and putting the garrison to the sword if any resistance should be made. •' The members of the government of Soleure," he wrote, " shall answer with their heads and their property, if there be a drop of blood shed. Such are the orders of the executive directory of France." The mem- bers of the councils in dismay opened the gates after Schauenburg had promised to respect the persons and property of the inhabitants, which however did not prevent his soldiers from plundering the villages round the town, and killing those who attempted to defend their property or the honour of their women. On the following morning (2d of March) Brune likewise began hos- tilities on his side by an attack on Freyburg, after the Bernese deputies had just left his head-quarters at Payerne, under the impression of the armistice being protracted in order to settle matters by negotiation. The Bernese outposts, taken by surprise, fell back on Freyburg, the authorities of which opened the gates to the French, while the Bernese, followed by many of the Freyburg citizens and peasants, took up a position at Guminen, Neuenek, and Laupen, on the frontiers of their own canton. The other division of the Bernese army opposed to Schauen- burg took up a position at Frauenbrunnen, about ten miles north of Bern. The contingents of the forest and other cantons, which had par- tially and slowly come up to the assistance of Bern, remained all this time in the rear, and after the taking of Freyburg and Soleure by the French on the 2d of March, they began a retrograde march towards their homes. Bern was left alone in the struggle, with a few auxiliaries from Freyburg and Soleure. That part of the Bernese troops which came from Aargau, deserted their colours and went home ; so that the army for the defence of Bern was thus reduced to about 15,000 men opposed to more than 30,000 Frenchmen. On the 3d, the Landsturm or general rising of the peasantry was proclaimed, but this only served to increase the general confusion. On that same day the executive council of Bern was dissolved, and a provisional regency hastily formed. This was done in hopes of conciliating the French. On the morning of the 4th, the regency sent messengers to general Brune to inform him of the change that had taken place in the government, and to demand an armistice, offering even to dismiss the army, provided the French re- mained in the positions they occupied at present. Brune peremptorily insisted on placing a French garrison in Bern. This was too much even for the regency. The people and the troops were in a fearful state of excitement at the idea of being betrayed by their governors. A di- vision of the army quitted its post and marched to Bern in a state of mutiny. The soldiers drove away many of their officers, and bayoneted 238 BISTORT OP SWITZERLAND. [period VI. PERIOD VI.] BISTORT OF SWITZERLAND. 239 it !i » at the very gates of Bern the two colonels Stettlerand Rhyner notwith standnig the entreaties of a youni? ladv the nier-^ f'^y^er, notwith- who tried, at the risk of her L Ufe, o save he vtoims f^l 7"' genera/DErlf^h to Jhe Zpat W„btn:;en"T' ^'m 't '™"'' morning of the 5th Brune attacked "he posts of g1 "' t'^ "" ''' and Laupen. He was repulsed with 1^ !,,, T'"'"' ^""="'5°' .'riven hack for several Jes on ii!^roTJZyTl\T:^^^^^^^^ general Graffenried was preparine to folUw "^^'i'"'^- ^'"= ^"""^^ receivedthenewsofthedefeau D'eIJTp "^ h.s success, when he burg had attacked the Berneit tS ot rl "^ '^'""^"- to theirs in number, and espe L 1 „ " ? ^"^^^"^^« ^^^ ^"P^^or Mith which last kind of forThflZsJel' '" ''"'^ """'^^y' ^harp resistance, D'Erlach retired „"n 7 r "r,''"'""'^^- After a .ight of Bern, 4ere het„: i edTo h^attf "'^-^ '"""'' 'I' "" again forced, he formed his troops one IreTn ;h. l"- '"f °" *"'"= city of Bern, where the French arXrvT. f ""' ''"'' '" *« havoc in his ranks • veJJZ a ^ ^'"^ ''^^^''^ ">«'•« ^Ireadful «uxed with the Tot , Id „?a h^^^^^^^^ armed w,h scythes were Bernese were left killed or JT \a . ^'""^^^^er. Two thousand loss of the Fri."h 1ml ertTfoo" ''l^r'^'.'f^ f ''-'ttle, the division took the road towards Th;n;„d the oT'T.' "^ ^'E^'aeh's now left unprotected, surrendered to Brl. t ™^.- "•^™' "'^'"S persons and properties of the ibitl ts ' rt T '? "J""' ""^ "nder general Graffenried. on leari tl T " ""' '°""'' massacred two of their colonpUr^ , ^^^ ^''^"''' ""'■"'■«'' and disbanded themselv^ t"ow 's^f^ «™:'™ 7 ^t '''' rection of the Oberland n'Prl. T i j^ ^ ™*^' '° ">« di- menontheeverngof theShi ffl^ ^'' himself deserted by his -unded. and he hil f 1''^ "in"""?™, ^eing killed or French cavalry, took alone fC f » ""° "'^ ''^•"'s of the collect the fugiLrhi eecete;^^^^ '''r "^ ''"P^'^ *" made a successful stand, being backed b^ the':* ",'"' '", ""="''* ''»^« forest cantons. At the villaJof m! • . "'^ Population of the disbanded soldiers andlXf i^LS" v'/'" '" "'* ^ "-'' °f they seized the general^pSla'CnirW^^^^^^ pared to take him to Bern Th^v ^ ^^^°^' ^"^ Pre- troop, who crying ou^ ,S Bern ^ 717" rT^'"' ""' »"°*- cursing their ma^strates and hel ' "i, f" '^'^^ ^^*"^''' «"'» to their country, fell upon D Erlach ' tb t '^""^ '^ ''"''' '''''"" - left Mm mangled fnd ^:^t:t^'^S^!]^ buller, arriving at the time, and endeavouring to intercede for his general, met with the same fate. The late avoyer Steiger, an old man of seventy, on leaving the field of battle, had also taken the road to Thun, accom- panied by a faithful serjeant. He escaped all dangers, and crossing the lake of Thun and the mount Brunig, he reached in safety the forest cantons. Some days after the murder of D'Erlach, his assassins, struck by remorse, acknowledged that they had been shown by emissaries of the French forged letters as evidence of his treachery. These papers were profusely scattered in the Bernese camp previous to the 5th of March. More than 100 officers, including twelve members of the great council, and most of them belonging to the principal families of Bern, were killed on that fatal day. Their names are registered in golden letters upon six black marble slabs placed in one of the aisles of the cathedral of Bern. Such was the fall of Bern, a republic that had ex- isted for nearly 600 years. It fell by the same arts, by the same hands, and nearly about the same time, as Venice and Genoa ; like them, it exhibited weakness and hesitation in its councils, but, unlike them, it showed something of old Swiss determination in the hour of struggle, and it fell neither unhonoured nor unmourned. Although the city of Bern was saved from pillage, yet many excesses were committed by the French soldiery, especially in the country round. It was remarked on this occasion that the troops imder Schauenburg, which were drafted from the army "of the Rhine," behaved much worse than the soldiers of Brune, who came chiefly from the army of Italy. Many of the French officers, however, expressed their disappro- bation of this unjust war. The soldiers had been excited against the Swiss by the system of barefaced falsehood which then prevailed and which was countenanced by the French government ; it was gravely asserted in the French papers, Le Redacteui\ Le Journal des Hommes libres^ &c., that Catholic fanaticism supported the aristocracy of Bern (a tho- rough Protestant country), that the latter had ordered processions and invocations to the Virgin, and that the priests had promised plenary in- dulgence for the murder of Frenchmen. So little did the French sol- diers know why and against whom they were fighting, that, on entering Lausanne, they inquired of the inhabitants where their prince resided, that they might go and teach him reason. Brune seized, in the name of the French directory, the treasury of Bern, in which were found above 30,000,000 of francs in gold and silver ; he emptied, also, all the chests of the various branches of the administration, as well as those of the va- rious tribes or companies of the burgesses and of the patricians. He cleared the arsenal of 300 pieces of cannon, of arms, accoutrements, and ammunition for 40,000 men. He ransacked the public stores of corn, wine, salt, &c. ; he also disarmed all the people both in town and country. The whole plunder was immediately carried off to France. Some of the Bernese guns were sent to Toulon for the Egyptian expedi- -1*1 240 HISTORY OP SWITZERLAND. [period VI, I'i ^on, which was then preparing. In consideration of these services Brune was raised by the directory to the rank of general-in-chief of the army of Italy. Schauenburg remained in command in Switzerland, whither a commissioner of the name of Le Carher was sent as political agent of France. The new agent began his mission by forced requisi- tions of money and provisions for the troops, «»for (so said his procla- mation of the 29th March) it is just that the Swiss should support their liberators." He taxed Freyburg at 300,000 francs and Bern at 800,000. Eleven old councillors of Bern and five of Soleure were seized as host- ages and taken to the citadel of Strasburg until the contribution was paid. So far with regard to Bern and its allies, Soleure and Freyburg ; the rest of the cantons had taken no part in the quarrel between France and Bern. Zurich, the principal one among them, changed its consti- tution, and sent a deputation to the French hcad-quarters to profess its respect for the French republic, and praying at the same time that the canton might be spared the visit of the French soldiers, as every thing had now been made as democratic as they could possibly wish. Soon afterwards, however, the French head-quarters were transferred to Zurich, and the troops spread over the country as far as the Lake of Constance' Zurich was taxed like Bern, although it had made no resistance. At Luzern an msurrection of the peasants against the new modelled go- vernment afforded a pretence for French interference, the peasants were shot, and Luzern was occupied by a French garrison. Similar scenes occurred m the Valais; a body of French troops carried fire and sword mto those hitherto peaceful valleys, plundered the city of Sion, and massacred a great number of the mountaineers, and among them many of the poor idiots called cretins, who are very numerous in the Lower Valais. Fresh contributions, confiscations, and arrests followed these exploits. The French directory issued a decree, declaring that the Hel- vetic confederation had ceased to exist, and that Switzerland was to form a single republic, one and indivisible, under a central government to be established at Aarau. The plan of constitution was sent from Pans on the model of the French constitution of the year 3, consist- ing of two councils and an executive directorv, in whom was vested the appointment of prefects and other authorities for the various cantons which were thus to be transformed into departments, with the loss of their mdependence as separate states. A new division of the country mto twenty-two cantons was likewise made at Paris; the old canton of Bern was parcelled into four cantons, namely, Bern, Vaud, Obcriand and Aargau. The Grisons, being too remote, and bordering upon the Austrian territories, with which France was then at peace, were simply invited to join the new Helvetic republic, which invitation, however, they dechned to accept. It is a fact, which serves to show the contempt which the French ex- ecutive directory entertained for the constitution of the French republic, PERIOD VI.] HISTORY OP SWITZERLAND. 241 that the invasion of Switzerland was undertaken and executed without ever being communicated to the legislative councils. The ex-director Carnot, who had emigrated in consequence of the affairs of Fructidor, and had thus escaped transportation to Guiana, wrote from Germany a pamphlet, in which he exposed the atrocious policy of the directory, and styled the Swiss invasion as " an impious war," which realized to the letter " the well-known fable of the wolf and the lamb." Bonaparte, who was then at Paris, had advised, as he afterwards stated, a remodel- ling of the government of Bern and some of the other aristocratic cantons, but not their destruction as independent states, or the violence with which it was attended. Tlie Waldst'atten, or mountain cantons, being now summoned by the French commissioners to send their deputies to Aarau, boldly refused, saying that they were quite satisfied with their old form of government, and their landsgemeinde, or general assemblies of the people. But while the other cantons had appeared too aristocratic to the French directory, the forest cantons on their part were too democratic to please its taste. The French republic, or rather the few unprincipled men who swayed the destinies of France at the time, assuming the tone of the Roman senate of old, wanted uniformity of government all over the world, and obedience to their own dictates. The sturdy shepherds of Schwyz and Uri, unacquainted with either Roman or French senates, entrenched among their lakes and their mountains, refused to submit. Schauenburg marched with 15,000 men to bring the stubborn democrats to reason. It was a singular but deplorable sight to behold the French, calling themselves republicans, and enlisted in the name of liberty and equality, going to attack the oldest and most popular republics in Europe, because they chose to remain free, as they had been from time immemorial. Four battalions of Schwyz militia, and one battalion of Uri, under the command of Aloys Reding, an officer who had lately returned from the Spanish service, were posted at the defiles of Morgarten, St. Jost, and Schindellegi, on the borders of the canton of Schwyz, towards Zug and Zurich. On the 30th April the French routed the men of Glarus, Uz- nach, and other neighbouring districts, before the Schwyzers could come to their assistance. On the 2nd May the French attacked the pass of Schindellegi, where Reding had stationed himself, but were repulsed. They then turned that position by the pass of Mount Etzcl, which was abandoned by the curate of Einsidlen, who had presumptuously under- taken to defend it. Reding immediately fell back to Rothenthurm, where, with only 1,200 men, he waited for the enemy. The French, descending from the mountains, deployed in the plain. Reding com- manded his men to charge, which they effected in admirable order, tra- versing the plain under the fire of the French musketry. The French did not stand the charge, and in half an hour's time the Swiss drove them back beyond the hills with great loss. Another body of Frcnch- R 242 HISTORY OF SWITZERLAND. [period VI. PERIOD VI.] HISTORY OF SWITZERLAND. 243 men, coming from Egeri, advanced at the same time by the pass of Mor- garten, when they were repulsed by a battalion of Schwyzers with some auxiliaries from Uri. On the next day (3rd May) the French advanced in two columns against Arth, at the southern extremity of the lake of Zug. Both columns were repulsed with great loss. In these actions the French lost nearly 4,000 men ; the famous black legion, known for the excesses it had committed in the country, was almost entirely de- stroyed. Schauenbiirg, struck with the spirit of the mountaineers, offered to Reding an honourable convention, by which no French soldier was to enter the canton of Schwyz, no contribution was to be levied on its inhabitants, and the Schwyzers were to remain in possession of their arms ; but they were to send deputies to Aarau to arrange matters con- cerning the new constitution. As the continuation of the contest with such fearful odds could only lead to the extermination of the Schwyzers, Reding accepted the terms of this remarkable capitulation. Meantime the exactions of the French over the rest of Switzerland continued. Le Carlier was recalled by the directory, and a new com- missioner was appointed, who, by an ominous coincidence, was called Rapinat, and he fully justified his claim to the name ; for his rapacity became the terror of the unfortunate Swiss. Even the Helvetic execu- tive, installed by French influence at Aarau, were compelled by the loud clamours of their countrymen to complain of Rapinat's conduct, upon which the commissioner unceremoniously dismissed two of the members. The French directory at last recalled Rapinat, and promised to relax the rigour of its demands upon its " good Swiss allies." Schauenburg, the general-in-chief, after having disarmed the people, forbade any one to leave his respective canton without a passport signed by the general. The ingenious invention of passports had been unknown in Switzerland till then : it was first introduced by the French republicans, as another appendage to their curious system of liberty. In the month of July the French commissioners and general ordered that the people should assemble in every canton in order to take the oath to the new constitution of the Helvetic republic one and indivisible, which had been proclaimed at Aarau. The small mountain cantons refused : they had sent deputies to Aarau, and had submitted to the new consti- tution by force, after the capitulation of Schwyz, but they would not perjure themselves by swearing perpetual fidelity to an institution which they disliked. Schauenburg threatened to treat them as rebels. The forest cantons replied that '* they would willingly promise never to take up arms against the French republic, nor join its enemies. But our liberty is our only blessing, and the* only thing for which we can ever be induced to grasp our arms." Schauenburg repaired to Luzern with 15,000 men ready to invade the forest cantons. Schwyz and Uri wavered in their resolution, and the small canton of Unterwalden was left alone in the struggle. But even in Unterwalden (which is divided into two diminutive republics) the Obwalden, or upper one, taken by surprise by the entrance of a French column, did not oppose any resist- ance, and the Nidwalden alone, or lower division of the canton, which stretches along the banks of the Waldstatten lake, stood in arms to repel the aggressors. The whole population of Nidwalden did not much exceed 10,000, of whom about 2,000 were able to bear arms. That such a district should attempt to resist the might of France appears madness : it was, however, a determination produced by a feelmg of right and justice among men secluded from the rest of the world, who knew nothing of politics and its overbearing dictates. They had not injured any one, why should ethers come to injure them ? On the 9th September, 1798, the attack took place. Schauenburg had sent a co- lumn round by the Obwalden to attack the Nidwalders in the rear, while he embarked with another division at Luzern, and landed at Stanzstadt. The dispatch of Schauenburg, written on the evening of that day, fur- nishes a pithy account of the catastrophe. ** After a combat which has lasted from five of the morning till now, we have taken possession of the district of Stanz. I grieve at the consequences of so severe a conflict : it has cost much bloodshed. But they were rebels, whom we must subdue." And the following day, 10th September, he wrote again : " I could succeed only by sending a column round by the Oberwald, while I attacked them at the same time by the lake. At six in the evening we were masters of this unhappy country, which has been pil- laged. The fury of the soldiers could not be restrained ; all that bore arms, including priests, and unfortunately many women also, were put to the sword. Our enemies fought desperately ; it was the warmest en- gagement I ever was in. We have had about 350 wounded ; we have lost several officers; but victory has remained with the republicans. All Unterwalden is now subdued." The unfortunate Midwalders who perished on that day were reckoned at 1500, the rest took refuge in the recesses of the higher Alps. All the cattle were carried off by the French— the houses and cottages were set on fire— fruit trees cut down ; the pretty town of Stanz was burnt, Stanzstadt and Buochs shared the same fate. That district, a few days before so peaceful and happy, now exhibited a scene of horrible desolation. In the churchyard of Stanz a chapel has been built, consecrated to the memory of 414 inhabitants of that town, including 102 women and twenty-five children, murdered on the dreadful 9th September. The priest was saying mass in the church when the French rushed in : a shot struck him dead, and fixed itself in the altar, where the mark is still seen. On the road from Stanz to Sarnen is the chapel of St. Jacob, outside of which eighteen women, armed with scythes, leaning against the walls, defended themselves against a party of French soldiers until they were all killed. Several hundred children remained orphans, wandering about their paternal fields : most of them were collected by the people of the neighbouring r2 244 HISTORY OF SWITZERLAND. [period VI. cantons, and the philanthropic Pestalozzi sheltered and educated many of them in his then newly-founded institution. Schauenburg, emboldened by this massacre, entered the canton of Schwyz on the 13th September, in contempt of the former convention, and disarmed the inhabitants. This was the great object of the French, and for this the revolt, as it was called, of Unterwalden had been pro- .voked by overbearing dictation. Carnot, in his '* Apology," already mentioned, stated that it was the policy of the French directory *' to consolidate its strength by the destruction of its neighbours, whom it treated as friends as long as it could extract any thing out of them ; and when the time came to destroy them, there was no want of pretexts to realize the fable of the wolf and the lamb." The Orisons had declined the invitation to join the Helvetic republic. The Austrian troops stationed near their frontiers in the Tyrol and the Vorarlberg gave them some degree of confidence, as it was not just then the interest of the French directory to provoke a new rupture with the emperor. The French, however, had partisans among the Grisons ; their envoy at Coire was carrying on intrigues with some of the leaders of the popular assemblies ; and a French division was stationed at Sar- gans, ready to cross the Rhine and enter the Grisons country. But the atrocities committed in the Unterwalden opened the eyes of the Grisons to a sense of their own danger. The people ran to arms to guard the passes on the frontiers ; the French envoy, after intriguing and threat- ening in vain, left Coire ; and on the 17th of October the general diet of the Grisons formally requested the emperor to send them an auxiliary corps, according to former stipulations between the two countries. The Austrian troops came and wintered in the country. The war having broken out again in March, 1799, between the em- peror and France, Massena, who now commanded the French army in Switzerland, surprised the Austrian division stationed in the Orisons, and overran the country. The battles of Stockach and Feldkirch, gained by the archduke Charles and general Hotze, obliged the French to eva- cuate the Orisons soon after ; and the Austrians, following up their suc- cess, spread also over eastern Switzerland. After several engagements, Massena left Zurich and fell back on the river Reuss. The small can- tons availed themselves of this opportunity to throw off the yoke. Uri rose and took possession of the pass of the St. Gothard, the people of Upper Valais occupied the Simplon, so as to cut off the communication between the French forces in Switzerland and those in Italy. Schwyz rose also ; but the French came in great numbers in May, 1799, and overpowered and disarmed the inhabitants, many of whom were killed. Insurrections and partial conflicts desolated all the eastern part of Switzerland. In those cantons which had been newly raised to independence and equa lity, such as Thurgau and part of Zurich, the French had partisans, who took up arms for them ', the old cantons, on the contrary, fought despe- PERIOD VI.] HISTORY OF SWITZERLAND. 245 rately against them, and the French retahated with their usual ferocity. The Austrians, and a Russian auxiliary division under general Korsa- kow, occupied Zurich, which became the head-quarters of the allies. On the 7th of June the French evacuated Schwyz, and took up a posi- tion on the frontiers of Zug, by the village of Arth. The Austrians then entered Schwyz, where the inhabitants joined them. On the 3rd of July the French attacked the whole Austrian line, but the Schwyzers repulsed them again at Morgarten, and drove them as far as Egeri. Meantime the archduke Charles moved the greater part of his forces into Suabia, to continue his operations in that quarter ; and the Russians, thus weakened, were attacked by Massena in a battle, or rather succes- sion of battles, near Zurich, in September. 1799, and defeated, the French forcing their way into the town of Zurich. At the same time the Russian general, Suwarrow, was crossing the St. Gothard with a strong force to join his countrymen in Switzerland, but he arrived too late : he met the French advanced divisions at Altorf, and drove them back as far as Schwyz. On learning the loss of the battle of Zurich, Suwarrow, after some partial engagements, was obliged to turn, by a most difficult path over Mount Bragel and by the Klonthal, into the can- ton of Olarus, whence he was likewise driven by the French under ge- neral Molitor, and obliged to retire in the night, and by the light of torches, through the pass of the Krauchenthal, into the country of Sar- gans, on the borders of the Grisons. Soon after, the Russians left Swit- zerland altogether. The details of this mountain warfare among the high Alps, in which generals Lecourbe, Soult, and Molitor among the French, and Suwarrow and Hotze among the Russians and Austrians, distinguished themselves, are full of strategic interest. But the unfor- tunate mountain cantons were utterly ruined by this strange immigration of numerous armies of Russians, Austrians, and French, all living at free quarters upon the inhabitants, and committing many acts of vio- lence. At the end of that campaign, one-fourth of the population of the canton of Schwyz was depending on public charity for support. In the valley of Muotta alone between 600 and 700 persons were reduced to a state of utter destitution. In the still poorer canton of Uri the same distress prevailed, in addition to which a fire broke out at Altorf, which destroyed the greater part of that, the chief town of the canton. The canton of Unterwalden had been already devastated the year before. In the valleys of the Grisons similar scenes took place ; in that of the Vorder Rhein the inhabitants rose against the French on the 1st of May, 1799, killed a great many of them, and drove the rest as far as Coire. But the French soon received reinforcements, and overpowered that handful of mountaineers, upon whom they broke their vengeance, killing above 3,000 of them, and setting on fire the venerable abbey of Disentis. The inhabitants of the remote valley of Tavetsch, at the foot of the great Alps, were all butchered ; the women were hunted down by the soldiers ; 246 HISTORY OF SWITZERLAND. [period vr« PERIOD VI. 1 HISTORY OF SWITZERLAND. 247 I four of them, being overtaken, threw themselves into the half frozen lakeof Toma, with their infants in their arms, and were shot at in that situation. This was on the 20th of May. The spot where their bodies were buried is still pointed out by the guides.* During the winter of l^^gg — 1800, the two hostile armies in Switzerland remained inactive ; the Austrians occupying the Orisons and the banks of the lake of Con- stance, and the French, under Lecourbe, having their head-quarters at Zurich, and being in possession of almost the whole of Switzerland. The internal administration of Switzerland was during all this time in a state of utter confusion. The semblance of an Helvetic central go- vernment was paraded first at Aarau, then at Luzern, then at Bern, and always under the protection of French bayonets. Even the partisans of the revolution were disgusted with the state of thraldom in which they were held by foreigners. "The Helvetic executive directory (says Zschokke) enjoyed no influence or consideration ; it was in a manner foreign to the greater part of the nation it was appointed to govern, be- ing chiefly composed of men from western or French Switzerland, whom the German Swiss hardly considered as their countrymen. Whilst the government was destitute of the most necessar)^ means, whilst its ofiicers received no salaries, nor the clergy their stipends, the commissaries, the generals, and the soldiers of France revelled in shameful profusion at the expense of the Swiss, or sent home the produce of their plunder." The two Helvetic councils styled legislative, but which in fact could not legislate to any eff"ective purpose, were treated with absolute contempt by the French agents who had set them up. Rapinat told them that ** they were nothing more than a board of administration under the French government ; that Switzerland was a conquered country; that they had no national property but what belonged to the Fren(^h repub- lic.'* And he acted upon this principle, for he tore off the seals of the Helvetic government from the depositories of public property, he emptied the cantonal treasuries of Zurich, Luzern, and other cantons which had made no resistance, just as completely as those of Bern, Frey- burg, and Soleure ; he seized the funds of the public charities, and the private legacies for the poor, the aged, and the infirm. Friends and foes, democrats and aristocrats, were all treated alike. Zeltner, the Hel- vetic chargti d'afi'aires at Paris, who had himself been favourable to a change of institutions in his country, but not by such means, addressed a note of remonstrance to the French minister for foreign affairs, in which he drew the followmg picture of the benefits of revolutionary liberty :— «* When in order to confer freedom on a people, you reduce that people to very rags— when the husbandman must abandon his plough, and the arti- san his workshop— when the honest and the peaceful are stripped of their property, and the rights of every citizen are violated— then, O great na- * Dandolo, Uttere iuUa Smzzera, Cantone du Grigioni, Milan, 1829 tion ' vou have missed your aim, and your enemies have reason to tri- umph You have given us a constitution founded upon the prmciples of liberty and equality, but you have deprived us at the sanae time of all the means of enjoying those blessings. Is our political freedom to be purchased by the endurance of every kind of oppression that can weigh down an unfortunate people?. . . The consequences of such conduct may prove still more lamentable. Our Swiss mountaineers are tenacious of purpose : they are attached to their religion, their democratic forms, and their ancient manners. Bad faith and wanton outrage are revolting to them : if you reduce them to despair, you may at last form a new Vendt^e among the Alps." This was written in 1798, and the events of the following year verified the prediction contained m the concludmg sentence. The Helvetic executive, roused at length from its submissive apathy by the innumerable complaints that poured upon it from every quarter, wrote to Schauenburg, that " the excesses of every kind com- mitted by his troops, and their heavy requisitions and exactions, had occasioned an universal discontent bordering upon despair. Remember, Citizen-general (thus the note concluded), that in former times Switzer- land and Genoa have been indebted for their liberty to the immoderate abuse of power by foreigners." Schauenburg having professed, m an- swer, that he had ordered strict discipline to be enforced among his troops, the Helvetic executive rephed :— " Your soldiers are not satisfied with living in the barracks ; they force themselves into private houses, vexing and insulting the owners, and extorting from them their last pit- tance, while we have no means left to alleviate the distress of the suf- ferers' stripped as we have been by your commissioners of the funds destined for the relief of the destitute." The celebrated Lavater of Zu- rich who was himself at first favourable to popular changes in the insti- tutions of his country, wrote a letter to the French directory, which was printed and published in several languages, and which he dated '' 10th of May, the first year of Helvetic slavery" (1198). " You came (says this letter) under pretence of freeing us from the aristocracy, and you have imposed upon us a yoke more intolerable than any we had before endured. When you entered the Helvetic territory, you proclaimed that your sole object was to chastise the oligarchs of Bern, Freyburg, and Soleure. The other cantons, to their shame be it said, looked on and took no part against you. Zurich voluntarily changed its govern- ment into a democracy, but your general ordered us to accept a new constitution framed by yourselves, and we submitted : a few days after, vou imposed upon us another constitution for all Switzerland, and we submitted likewise to your singular fashion of imparting liberty to other countries. We then thought that we had done enough ; but you came and quartered yourselves in our houses, you drained us by your exac- tions, and you levied a contribution of three millions upon our senatorial families, who had ruled our canton for ages according to our old con- 248 HISTORY OF SWITZEBLAND. [period VI. m (I.I,: fillCf stitution, and certainly without incurring any charge of extortion ; wlio had quietly resigned their offices when required to do so by their coun- trymen, and who therefore could not be accused of any political misde- meanour." Lavater, the writer of this epistle, lost his life afterwards, in September, 1799, when the French re-entered Zurich by force. He had stepped out of his house, on hearing of some outrage of the military upon his neighbours, when one of the soldiers killed him in the affray, without knowing him. The Helvetic directory or executive was in a position of much diffi- culty : it was unpopular with the country, and not docile enough for the French commanders. One praise it deserves among all its difficulties, —It never resorted to a system of terror, it never enforced proscriptions or confiscations; the blood that was shed in Switzerland was shed by the French military, and not by the guillotine. The revolutionary executions at Geneva in 1794 were the only exception, and Geneva was then hardly considered as Switzerland. The Swiss were too honest and moral, and were, for the most part, too deeply imbued with religious principles, to resort to such foul means for the support of pohtical doctrines. Having attempted to put some restraint on the enormous contributions still levied by the French commanders, the Helvetic directory was suppressed in 1800, and an executive commission of seven members was appointed, pro tenipere. Several members of the senate and of the great council being likewise ejected, the rest, jointly with the executive commission, formed themselves into a new legislative body, in order to frame that panacea for all evils, a new constitution. All this of course was done under French influence, and in imitation of the change which had taken place at Paris on the 18-19 Brumaire. Bonaparte was now first consul of France, and his will gave a fresh impulse to the current of political affairs. The new project of a constitution for Switzerland was pubhshed at last in May, 1801 : the framers of it acknowledged in their preamble, that " the constitution of 1798 had been imposed by foreign power and supported by force of arms, and that it could never have secured in more orderly times the real approbation of the Helvetic people." So much for the constitution given by the French directory to Its allies the Swiss, to enforce which the people of Unter^valden had been massacred, and all Switzerland had for years endured the presence of invaders, with their train of rapine, extortion, famine, and bloodshed A general diet was convoked in September, 1801, to give its sanction to the new constitution. Meantime the peace of Luneville between France and Austria had been signed, by which the independence of the Helvetic republic was recognized. The French troops were consequently ordered to evacuate Switzerland. The provisional government of that country, in order to court popularity, had shown itself less docile to !• ranee than its predecessors; it had refused to sanction the dismember- ment of the Valais, which Bonaparte wanted for his projected military PERIOD VI.] HISTORY OF SWITZERLAND, 249 road over the Simplon ; and it affected great satisfaction at the recall of the French troops. The diet assembled at Bern in October, 1801. The new constitution, which was laid before it, maintained the principle of the unity of the Helvetic republic, of which Bern was to be the capital, whilst it made considerable concessions to the partisans of federalism, by recognising separate local governments for the internal affairs of each canton, distinct from, though subordinate to the central government of the whole re- public. The cantons were to be seventeen, the names of the thirteen old ones were maintained, and the four new cantons were Aargau, Vaud, the Grisons, and the Ticino, consisting of the Italian bailiwicks. The diet adopted the new constitution with some modifications, when all at once several members exclaimed that the diet had not the power of altering the project, but could only approve or reject it ; and they with- drew from the sittings. On the 27th of October some leading members of the provisional legislative body, which had framed the constitution, assembled secretly and assumed the name of legislative council extraor- dinary. A guard posted at the door of the hall kept it close against the other members, who in vain protested against this illegal violence. The council extraordinary appointed a new executive of three of its own members. This self-constituted authority dissolved the diet, which, in a long proclamation signed " by the president," they accused of being the cause of all the mischief. A new project of a constitution was now framed, and was published in February, 1802, to be laid before the assemblies of the respective cantons. The principle of it was nearly the same as that of the year before, but the number of the cantons was in- creased to twenty-one, Thurgau, St. Gall, Baden, and the Valais, being the additional cantons. But the forest cantons, who were still opposed to the principle of unity and centralization, declared themselves inde- pendent of the central government ; Zurich followed their example, and their militia marched against Bern, from which both the legislative and executive councils escaped to Lausanne. A diet was held at Schwyz for the re-establishment of the old confederation of the thirteen cantons. All the factions were now awakened afresh; the towns were for their old privileges and monopolies ; the old cantons wanted to resume their authority over their former subjects ; the abbot of St. Gall attempted to recover his territories ; the partisans of federalism were opposed to those of unity of government, who made a stand in the canton de Vaud. A civil war appeared inevitable. Bonaparte, who did not wish that Switzerland should be again plunged into confusion, or that the parti- sans of the old institutions should predominate, well knowing that they and their leader, Aloys Reding, were averse to French influence, sent Colonel Rapp, in October, 1802, to Berne, with a circular addressed to the cantons, offering his mediation for the settlement of all their difficul- ties ; while at the same time he ordered general Ney to keep himself 250 HISTORY OF SWITZERLAND. [period VI. ready with a body of troops oh the frontiers of Switzerland, to enforce compliance. The message to the cantons stated that the first consul had intended not to meddle with their internal affairs, in the hope that they would come to some amicable arrangement among themselves ; and as a proof of his disinterested regard for their independence, he had recalled the French troops entirely from their territory. But yet, after passing the last three years in continual disputes, they were as far re- moved from a final adjustment as ever. " If you are left longer to yourselves," the message proceeded to say, " you will go on killing each other for some years, perhaps, without any better chance of coming to an understanding. I must mediate between you, but I expect that my mediation shall be final, and that you will accept it as a new benefit of the Providence which, in the midst of so many vicissitudes, still watches over the existence and the independence of your nation. My mediation is now the only means you have left of preserving both.'' He then directed, as the preliminary conditions of his mediation, that the actual central Helvetic government should return to Bern, that the new govern- ments, councils, and magistrates which had been instituted during the late disturbances, should dissolve themselves, and that the new levies should be disarmed. Deputies were to be sent to Paris by the Helvetic legislative council, and likewise by each separate canton, and all those citizens who during the last three years had filled situations in the cen- tral government might also repair to Paris, in order to suggest their views on the best measures to be adopted for conciliating differences. The democratic party readily accepted the proffered mediation, but the partisans of the old aristocracies wished to gain time. Among those who repaired to Paris there was still the great division of " unitaires " or partisans of a single republic, and federalists. Bonaparte inclmed towards the latter, apparently because he believed the federal principle to be the best adapted to the habits and geographical circumstances of the Swiss. The sentiments which he expressed to the Swiss deputies assembled at Paris are marked by a sincerity and disinterestedness the more striking from their singularity. " Switzerland," said he, " is like no other country ; its topography, the varieties in its language and religion, and still more in its manners and social habits, give peculiar features to the land and the people. Nature itself has made your country for a federal state, and it is not wise to oppose nature. Circumstances, and the character of ages gone by, had established amongst you ruling commonwealths and subject districts. New circumstances, and the spirit of a new age, more consistent with justice and reason, have now established political equality over all the parts oi your territory. Several of your cantons have followed for centuries a system of the purest democracy. In others, some families gradually possessed themselves of power, and thus the commonwealth became divided between sovereigns and subjects. The example of the political condition of your neigh- PERIOD VI.] HISTORY OF SWITZERLAND. 251 hours of Italy, Savoy, France, and other countries, contributed also to form and to maintain this state of things among you ; but the spirit of those countries is now altered, and a full renunciation of all exclusive privileges is both the wish and the interest of your people in general. The most important affair to begin with is the internal organization of each of your cantons, after which their respective relations with each other will be determined. Your central administration is, in fact, of much less importance than your cantonal one. There can be no uni- formity of administration amongst you ; you have never kept a standing army, your finances are of necessity very limited, you never had perma- nent diplomatic agents at the capitals of the other powers. Placed among the mountains which divide France, Italy, and Germany, you partake of the character of each of those countries. The neutrality of your country, the prosperity of your commerce, and a domestic and family-like administration, these are the things which suit you best. This is the language I have held to all your deputies who have hitherto consulted me about your affairs ; but the very men who seemed best to understand its reasonableness were attached by interest to the old system of privileges, and had therefore a bias unfavourable to France. Never- theless, neither France nor the Italian republic can allow a system to prevail amongst you which would be in opposition to theirs. The po- litics of Switzerland are necessarily allied to those of France."* As the Swiss deputies could not agree among themselves concerning the fundamental principles of the cantonal governments, Bonaparte called together five deputies of each party, unitarian and federalist : those of the first were the citizens Stapfer, Sprecher, Monod, Von Flue, and Ustin; and those of the federalists were D*Affry, Jauch, Reinhard, Glutz, and Wattenwyl de Montbenay. A conference took place between them and the first consul on the 28th of January, 1803, which lasted from one till eight o'clock. On this occasion Bonaparte again spoke the language of a friendly and sincere mediator. The unitarian party wanted to interfere with the pure democracies of the little cantons, to reduce the number of the landsgemeinde by putting a qualification on the members attending it, and to give the landrath or executive council the sole right of proposing laws. Bonaparte opposed this : *' The re-esta- blishment of pure democracy in the smaller cantons," said he, " is be- come the most suitable arrangement for them. These little democracies have been the cradle of your liberty ; it is they that distinguish Swit- zerland from the rest of the world, and render your country so very interesting in the eyes of Europe. Without them, you would be like the rest of the continent, you would bear no characteristic sign : mark well the importance of this : it is the peculiar features of your ancient democracies which make you appear unlike any of the modern states, * Thibaudeau, Memoires sur le Consuiat, one of the best works concerning Bona- parte's administration. 252 HISTORY OF SWITZERLAND. [period VI. and which thereby preclude the idea of confounding and incorporating you with the neighbouring countries. Those mountain democracies constitute real Switzerland, to which the cantons of the plain have been annexed at a later period. I know that the system of those little re- publics has its inconveniences, that it does not, perhaps, stand the test of reason ; but, after all, it has been established for centuries ; it has originated in the nature of the country, the climate, the wants, the pri- mitive habits of the people ; it suits the peculiarities of the soil, and we must not pretend to be right in spite of necessity. The institutions of the little cantons may be unreasonable, but they are established by long and still popular customs. When custom and reason are in oppo- sition, the first generally carries the day. You wish to abolish or modify the landsgemeinde, but then you must talk no longer of democracies or republics. A free people does not like to be deprived of its direct exer- cise of sovereignty, it does not know or does not relish those modern inventions of a representative system which destroy the essential attri- bute of a republic. And besides, why would you deprive those shep- herds of the only excitement they can have in their otherwise monotonous existence ? " With regard to the town cantons or former aristocracies," resumed he, " every exclusive family privilege being abolished, the members of the great council should be for life, subject, however, to the scrutiny of their conduct every two years. The qualifications of an elector should be his being a citizen of the canton, and being possessed of at least 500 Swiss francs of property. No bachelor should vote before he is thirty years of age. The elections should be direct and not through the electoral bodies. Each tribe or district should choose among the candidates of other dis- tricts. The little council or executive should be renewed by one-third every two years. " In the new cantons, formerly subject to the old cantons, the social principle being more popular and democratic, the members of the great council should not be for life. This ought to be the principal difference between the new cantons and the old ones. With regard to other details, the organization of the judicial system, &c.— these," observed the f.rst consul, « ought to be left to the legislature ; the constitution is merely to determine the mode in which the laws are made. If the constitution enters into too many details, it becomes liable sooner or later to be vio- lated. With regard to the institution of the jury," continued he, *' it might prove dangerous in times of political excitement, for then juries are apt to judge through passion. We at least find it so in France." Such was the basis of the constitution of the nineteen cantons by the Act of Mediation of 1803. The cantons might be classed in three cate- gories : 1. The pure democracies of Schwyz, Uri, Unterwalden, Glarus, Appenzell, Zug, and the Grisons. 2. The representative republics, in which there was an admixture of the aristocratic element, without, how- period VI.] history of SWITZERLAND, 253 ever, any family privilege : these were the old town cantons of Bern, Zurich, Luzern, Freyburg, Soleure, Basil, and Schaffhausen. 3. The new cantons, Aargau, Thurgau, St. Gall, Vaud, and Ticino, which were representative republics on a democratic principle. In discussing the form and attributes of the central government the first consul told the deputies that when he returned from Italy in 1797 being consulted by the directory on the affairs of Switzerland, he gave it as his opinion that the Pays de Vaud should be detached from Bern and formed into a separate canton ; that the number of the patrician families of Bern and of the other aristocracies should be quadrupled, in order to secure m the councils a majority favourable to France, as it was for the mterest of France that Switzeriand should be its ally, because it pro- tected a vast line of its frontiers, " but never," added he. « did I mean to make a revolution in your country. I never thought of uniting you to France, for you could not bear the charges which the French are obliged to sustain. This mediation in your affairs has given me, I assure you, a great deal of trouble, and I hesitated long before I embarked in it. It is a difficult task for me to give constitutions to countries which I know but very imperfectly. Should my appearance on your stage prove unsuccessful, I should be hissed, which is a thing I do not like. But now all Europe expects France to settle the affairs of Switzer- land, for it is acknowledged by Europe that Switzerland as well as Italy and Holland are at the disposal of France." In conclusion, Bonaparte observed that the attempt to unite Switzerland into one republic had completely failed; that a federal diet, consisting of deputies named by the various cantons, should assemble every year in one of the principal towns, and decide upon all matters which concern the whole confedera- tion, as well as mediate in all differences between one canton and an- other ; and that there should be no central directing canton, but that the landamman of the canton where the diet meets for the year should transact all federal affairs. The Act of Mediation being composed upon these principles, it was solemnly delivered by the first consul at a public audience (19th February 1803) to citizen Barthelemy, who gave it afterwards to the citizen D Affry, who was named landamman of Switzeriand for that vear, (1803 ) The Svviss deputies soon afterwards returned home, when all the cantons sent addresses of thanks to the first consul, and the new constitutions being put m force, the few French troops which had entered Switzeriand finally evacuated the country. From that time till 1814 Switzerland enjoyed internal peace. There were at first some ebullitions among the peasantry, especially in the canton of Zurich, when some of the country people refused to take the oath to the new constitution, and at last broke out into open revolt. They were, however, soon put down by the militia, their leaders were sentenced to death, and the disorderiy communes were fined a heavy if 254 HISTORY OF SWITZERLAND. [period VI. id sum. This was like the last heaving of the revolutioDary wave. During the years of confusion that had passed over Switzerland, the peasantry had attempted to free themselves from the payment of tithes, ground- rents, fines on alienations, and other manorial charges, for popular commotions, generally assume, sooner or later, the shape of resist- ance to payment, whether just or unjust. None of the Swiss govern- ments, however, whether aristocratic or democratic, would sanction Buch an infraction of social contracts : they authorized an equitable com- mutation, but nothing more. Even the property belonging to the convents was restored to them. Napoleon's mediation in the affairs of Switzerland was perhaps the most liberal act of his whole political life ; it was certainly the one of which he observed the conditions most faithfully. During the eleven momentous years that followed, throughout the headlong career of his ambition, in the midst of the gigantic wars of the empire, he respected his own work, the independence of Switzerland. That little country, surrounded by immense armies, rested in peace amidst the din of battles, and the crash of falling empires. No foreign soldier stepped over its tranquil boundaries. It was the only remaining asylum on the continent where individual security and freedom were still to be found. The Swiss were the only people exempt from the tyrannical code of the conscription : they furnished, however, a body of 16,000 men to the French service, as they had done under the old monarchy, but it was raised and kept effective by means of voluntary enlistment. When the war broke out again in 1805 between France and Austria, Switzerland received from both powers the assurance that its neutrality should be respected, a promise which was scrupulously maintained. After the peace of Tilsit, however, and still more after that of Schoenbrunn in 1809, as Napoleon's plan of universal monarchy seemed to develope itself, the more clear-sighted among the Swiss began to fear for the sta- bility of their institutions ; they dreaded some fresh caprice of the great conqueror, whose tone towards them had become gradually more harsh and imperious. He sharply rebuked the agent of the confederation at Paris for certain expressions used by some deputy or ueputies in one of the diets in speaking of himself and his policy, which he considered as too free and disrespectful. He strongly complained of the cantonal governments suffering Swiss regiments to remain in the pay of Great Britain; although it was well known that the cantons had neither authorized those corps to remain in the English service, nor would they have been obeyed by the officers and soldiers had they recalled them, since those regiments had bound themselves by oaths to serve Great Britain till the peace. Napoleon also insisted on the strict observance on the part of the Swiss of his continental system ; and threatened to enforce it himself by means of his troops, were he to ascertain that any English goods found their way into that country. The Valais, a PERIOD VI.] HISTORY OP SWITZERLAND. 255 country formerly allied to Switzerland, he finally annexed to the French empire ; and there were rumours that he meditated doing the same with the canton de Vaud, according to his recorded maxim, that all countries of which the inhabitants spoke French belonged naturally to France. Neuch^tel he had already taken from Prussia, and given to Berthier, one of the princes of his empire. Meantime, and amidst all the gloomy forebodings which weighed on the minds of reflecting men, Switzerland was making considerable pro- gress in the arts of industry, and in the career of intellectual and social improvement. Manufactories were established in the valleys of the Alps, in Appenzell , Glaris, St. Gall, and other cantons, affording em- ployment and subsistence to the redundant population of those districts, the soil and climate of which are little favourable to agricultural pursuits. The great canal of the Linth, between the lakes of Wallenstadt and Zurich, by which a large extent of marshy ground was drained, was completed by subscriptions to the amount of 1,500,000 francs ; agricul- tural meetings were held, and scientific and literary societies were formed all over Switzerland. Industry and commerce, freed from the shackles of monopoly and municipal jealousy, took a wider range. Schools were established in most cantons for the country people, whose education had been theretofore sadly neglected; the events of late years had begun to teach the Swiss that there can be no real liberty for a nation without general instruction, and no general instruction without a system of wise and national education. A new military organization trained all the young men to the exercise of arms, and settled the quota of men which every canton was to furnish in cases of emergency for the common defence of the country. Many ancient laws, partial or cruel, were abrogated or mitigated. Two celebrated establishments for education, that of Pestalozzi at Yverdun and that of Fellenberg at Hofwyl, owed their origin, or at least their maturity, to the period of which we are speaking. Journals, political and literary, were multiplied at the same time in almost every canton of Switzerland. The Russian campaign of 1812 took place too far from Switzerland to affect its tranquillity, but when in the following year the armies of all Europe were assembled in Germany, the Swiss saw with alarm that the tide of war was once more approaching their frontiers. After the battle of Leipzig, in October, 1813, the allied armies came in sight of the Rhine* An extraordinary diet was summoned in the month of November, which issued a proclamation asserting the neutrality of the nineteen cantons , and this was communicated both to Napoleon and to the allied sove- reigns. Some militia were ordered at the same time to guard the fron- tiers of Switzerland on the line of the Rhine. But the allied sovereigns, while they offered to guarantee the neutrality of the cantons, insisted on their troops crossing part of the Swiss territory in order to enter France by its eastern and most vulnerable frontier. They urged that the conflict 256 HISTORY OF SWITZERLAND. [period VI in which they were engaged was no ordinary war for private interests, but was a rising of Europe in arms to free itself from the intolerable am- bition of one man, who would not allow other nations to remain at peace, or to be masters in their respective countries. They admitted that the Swiss, of all the people of Europe, had perhaps the least reason to be dissatisfied with Napoleon, and accordingly were not called on to take up arms against him ; but on the other hand they were required not to oppose the united nations who were advancing in their own defence to obtain peace by force, since it could not be gained from Napoleon in any other way. On the 19th of December a conference took place at the advanced posts of the allies near Basel, at which count Bubna, the Austrian commander, told the Swiss deputies that the allied troops would enter the Swiss territory on the following day, and proceed to France by the most direct road, and that it now depended on the Swiss authorities whether they would oppose them and be treated as enemies, or allow them to pass and be considered as friends, in which last case the soldiers of the allies should maintain the strictest discipline, and the greatest regard would be paid to Swiss property of every kind. The Swiss authorities in this unavoidable emergency entered into a conven- tion with the Austrian commanders, by which the march of the troops was to be regulated. On the 21st of December, the Austrians entered Basel, and marched into Alsace, whilst others of the allies went through Soleure, Bern, and Vaud to Geneva and Lyons. They behaved, accord- ing to their promise, with marked deference towards the inhabitants. This diversion was of the greatest advantage to the allies for the final campaign of 1814. Meantime two envoys of Austria and Russia, MM. Lebzeltern and Capo d*Istria, repaired to Zurich, where the diet was sitting, and de- livered a note from their sovereigns, stating that " the Act of Mediation having been the work of a foreign influence inimical to the rest of Europe, was incompatible with the principles of the great European confederation, and that the allied powers, without pretending to inter- fere in the internal affairs of Switzerland, could not allow that country to remain any longer under the tutelage of the French emperor." Upon this, nine of the old cantons, with Zurich at their head, named deputies who met at Zurich on the 29th of December, and after declaring that the Act of Mediation was dissolved, addressed an invitation to all the other cantons, old and new, acknowledging their independence,, and the in- tegrity of their respective territories, and urging them to send deputies without delay in order to constitute a new federal pact. This liberal and disinterested step on the part of Zurich saved Switzerland from new misfortunes. The invitation was acceded to by all the cantons, with the exception of Bern, Freyburg, and Soleure, who demanded that the old federation of the thirteen cantons should be re-established. Bern had alreadjV assumed a tone of authority towards its former subjects of PERIOD VI.] HISTORY OF SWITZERLAND. 257 Vaud and Aargau, and by proclamations, dated 22d and 24th of December, had invited them to return to their allegiance. The two cantons instantly refused compliance. The diet assembled at Zurich laid the foundations of a new federal pact on the basis of the independence of the nineteen cantons, and at the same time sent deputies to the emperor Alexander, the emperor of Austria, and the king of Prussia, who had met at Basel in January, 1814. The new cantons had a powerful advocate in the person of Mr. De la Harpe, a native of Vaud, who had been tutor to the emperor Alexander ; and there is no doubt that the support of that sove- reign saved both Vaud and Aargau at that time from falling again under the rule of Bern, and consequently prevented a reaction over all the rest of Switzerland, and a return to the old system of sovereigns and sub- jects, and of exclusive aristocracies. The results of this beneficial in- fluence were soon felt. The ministers of Austria and Russia addressed a note to the diet, dated the 20th of January, in which they urged that assembly to accelerate the new orgamzation of Switzerland, and to press the dissenting cantons to send their deputies to Zurich for that object. But even after this, Bern, Soleure, and Freyburg persisted in their re- fusal, unless the basis of the old thirteen cantons was first acknowledged. After many discussions and delays, the ministers of Austria, Russia, and Prussia, accredited to the diet, signified in March, 1814, " that their sovereigns were ready to acknowledge the new federal constitution on the basis of the nineteen cantons as then existing." This decided the question, and Bern itself now saw the propriety of no longer refusin"- to send its deputies to the diet. Still many claims and cavils were brought forward by several of the old cantons, which gave rise to long altercations, protests, and counter-protests. Months after months were passed in this manner, until August, 1814, when a strong note was presented by the foreign mmisters, who had now been joined by Mr. Stratford Cannino- minister of Great Britain, in which " they expressed their deep regret that the plan of the new federal pact was not yet fixed, owing to the pretensions assumed by certain cantons, which had thrown discord into the councils of the diet. They exhorted those cantons to lay aside for the present the consideration of all questions which were not of a general mterest, and to set to work with national zeal for the common object of the federal organization of their common country ; upon which condi- tion they, the ministers, promised to exert themselves strenuously to obtain equitable compensations for their just claims, and especially for those of the canton of Bern. Should, however, their present recommen- dation not succeed in restoring unanimity to the national councils, the ministers would find themselves unable to continue their relations with the diet." The above note produced a most beneficial eff"ect, for it silenced effectually the unreasonable pretensions of the partisans of the old order of things. At the same sime the allied powers gave another proof of 258 HISTORY OF SWITZERLANB. [period Vh their favourable disposition toward Switzerland by restoring to it the territories formerly dependent on the bishop of Basel, which had been annexed to France. These territories, which form a natural portion of Switzerland on the line of the Jura, were annexed to the canton of Bern as a compensation for its losses on the side of Aargau and Vaud. The Valais was likewise reunited to Switzerland, of which it became a can- ton. Neuchatel, being restored to the possession of the king of Prussia, as its suzerain prince, was also at its own request admitted as a canton of the Swiss confederation. Lastly, Geneva, having recovered its inde- pendence by means of the allied arms, requested to become an internal part of Switzerland, of which it had been for ages an ally, and was rea- dily received into the confederation as an additional canton. The new federal pact included, therefore, twenty-two cantons, all equally inde- pendent as sovereign states, and all forming integral parts of one confe- deracy : there were no longer partial allies, no longer subjects, or any other of the anomalies which disfigured and weakened the old Helvetic league. Switzerland was now, what it had never before been, a compact body, resting upon its natural frontiers, the Alps, the Jura, and the Rhine. In this respect the decision of the allied powers in 1814 was much more favourable to Switzerland than Bonaparte's act of mediation of 1803, which, by detaching from it the Valais, Geneva, the bishopric of Basel, and Neuchatel, broke into its boundaries and kept it in a con- dition of weakness and of dependence upon France. Still it may be said that Switzerland was remarkably fortunate in both instances. By the act of mediation she obtained the most favourable terms she could pos- sibly have expected from a man who had in all his decisions a latent thought towards liis own supremacy, or at least towards that of France, and whose friendship always partook of the character of bondage ; while m 1814 the allied powers, having no object of the kind in view, acted more liberally and cordially in strengthening Switzerland as an inde- pendent state, which might form a barrier against any future encroach- ments from France. The decision of the allied powers was embodied in a solemn declara- tion, which was inserted in the protocol of the congress of Vienna, dated the 19th of March, 1815, and which was signed by the plenipotentiaries of Austria, France, Great Britain, Prussia, Russia, Sweden, Spain, and Portugal. This document contains " the acknowledgment and guarantee, on the part of all the powers, of the perpetual neutrality of Switzerland within her new frontiers." The diet assembled at Zurich, in acceding cordially to this declaration, expressed " their warmest gratitude for the generous and friendly interference of the allies." The return of Bonaparte from Elba caused a temporary alarm in Switzerland. The Swiss felt that they had reason to dread his resent- ment were he to reassume his political ascendancy ; Geneva in parti- cular, which had formed part of his empire, was threatened by his arms ; period VI.] HISTORY OP SWITZERLAND. 259 but the diet sent troops for its defence, and collected a considerable force on the line of the Jura. An Austrian army, under general Frimont, advanced also by the Simplon and the shores of the lake of Geneva, so as to repel the French attacks in that quarter. Meantime the battle of Waterloo defeated all the schemes of Napoleon, and Switzerland was re- stored to tranquillity and to the consideration of its internal arrange- ments. On the 7th of August, 1815, the federal compact of the twenty- two cantons was finally signed by all the deputies in the diet assembled at Zurich. The deputies then repaired in procession to the munster or cathedral of Zurich, where they bound themselves by a solemn oath, and in the name of their constituents, to the faithful observance of its enact- ments. Without transcribing here the whole text of the federal pact which forms to this day the general constitution of Switzerland, and which may be found in Martens's Supplement and other collections of diplomatic and historical documents, we may notice some of its most important provisions. "The twenty -two sovereign cantons of Switzer* land, namely, Zurich, Bern, Luzern, Uri, Schwyz, Unterwalden, Glarus, Zug, Freyburg, Solothurn or Soleure, Basel, Schaffhausen, Appenzell, St. Gallen, the Graubundten or Grisons, Aargau, Thurgau, Ticino, Vaud, Valais, Neuchatel and Geneva, unite for the maintenance of their liberty, their independence, and security against any attacks from abroad, as well as for the preservation of order and tranquillity in the interior. They guarantee each other reciprocally their respective territories. For these purposes a contingent of troops shall be furnished by each canton whenever required, in the proportion of one to fifty of its population. A pecuniary quota for defraying the military and other general expenses of the confederacy shall be paid by each canton in proportion to its pro- perty and resources. A war-fund shall also be formed to meet exigen- cies, and for this purpose a federal duty shall be levied on foreign goods imported into Switzerland, which are not articles of first necessity. The diet fixes the tariff as well as the rates to be paid by each canton." The united federal contingents of all the cantons which must be disci- plined, and furnished with clothes and arms, ready to march when re- quired, amount to about 34,000 men, and the reserve in case of need to as many more. Thus, without keeping any standing army, Switzerland can in a few days assemble nearly 70,000 men for its defence. The diet consists of the deputies of the twenty-two cantons, who are chosen by their respective governments, and who vote according to the instructions they have received from their constituents. Each canton has only one vote, although it may send more than one deputy to the diet. The diet meets for its ordinary sessions on the first Monday of July every year, in the chief town of one of the three vororts or directing cantons, Zurich, Bern, and Luzern. Each of these three is vorort by turn for two years. The little council or executive of the directing can- s2 260 HISTORY OF SWITZERLAND. [period VI. ton for the time being, with its landamman or burgomaster at the liead, is intrusted with the direction of the federal affairs during the time that the diet is not assembled. The ordinary sessions of the diet last about five weeks, unless the diet sees reason to declare itself permanent. The diet, before closing its yearly session, gives its instructions to the direct- ing canton. The directing canton is assisted in its duties by a federal chancery, consisting of a chancellor and a secretary, both appointed by the diet. Whenever urgent circumstances may require it, or simply on the demand of five cantons, the directing canton convokes an extraordi- nary session of the diet. The diet declares war, concludes peace, and makes alliances with foreign powers, and on these occasions three-fourths of the votes are ne- cessary to constitute a majority. -AH other affairs are decided by simple majority. The diet appoints the diplomatic agents of the confederation. Foreign ministers and agents are accredited to the diet, and during the intervals of its sittings they correspond with the directing canton. The diet provides for the internal and external safety of Switzerland, calls out the federal contingents when it thinks it necessary, appoints the commander in chief, the general staff, and the federal colonels, and di- rects the destination and movements of the federal army. In cases of disputes between two cantons which cannot bo amicably arranged be- tween themselves, the diet appoints an arbitrator, who is assisted by umpires chosen by each of the two disputants from among the magis- trates of another canton : these, after trying a compromise, pass final sentence on the matter in question, which sentence the diet sees carried into effect. No canton is allowed to have recourse to arms against ano- ther canton, and the diet may order the occupation by a federal force of any canton which shall infringe this or any other of the fundamental laws of the federal pact. In cases of internal disturbances within a canton, the diet shall act the part of mediator, and meantime put a stop to violence even by means of military occupation, if necessary. It will be seen by the above statement that the federal government of Switzerland is less centralized than that of the United States of North America, or than that of the United Provinces of Holland in former times. There is, properly speaking, no permanent federal executive, like the president of the United States, having officers, a treasurv, and forces at its disposal ; and the diet is merely an assembly of delegates of the various cantons, who decide according to the instructions they re- ceive from their respective governments. The other provisions of the federal pact are liberal and equitable in their spirit. One of them states that " the enjoyment of political rights can never in future be the exclusive privilege of any one class of citizens in any one canton. Free importation and exportation of pro- visions, or merchandise, or cattle, shall be allowed from one canton to another, without any import or export duties. The property of PERIOD VI.] HISTORY OF SWITZERLAND. 261 cc chapters and convents, which exist in several cantons, is guaranteed, but at the same time it is liable to the public charges and taxes like any other private property. " This federal pact," says Franscini, as well as other liberal writers, cannot be said to have been imposed upon us by foreign influence. Whatever is in it, whether of good or imperfection, has been the work of the Swiss. It contains principles entirely national, some of which date from the oldest times of Swiss independence, whilst others are taken from the act of mediation of 1803, or are improvements upon the latter." Whilst the federal pact was under discussion, most of the cantons were also making alterations in their respective constitutions. The ministers of the allied powers, and especially count Capo d'Istria, minister of Russia, and M. von Schraut, the Austrian minister, while corresponding with the diet on the subject of the general constitution, had adverted to the expediency of making some alterations in the can- tonal constitutions, so as to render them more analogous in principle to each other, and more conciliatory to the interests of the various classes and parties existing in Switzerland. It was suggested by the ministers that, leaving the pure democracies untouched, the aristocratic or town cantons, several of which had, in the first moments of reaction, re-esta- blished their former institutions which existed previous to 1198, should recognise the principle of community of political rights between town and country, and that the new cantons on their part should admit modifications in their mode of elections and the formation of their legis- latures, so as to give a greater influence to property, and a greater sta- bility to their governments. Conferences took place between Count Capo d'Istria and the deputies of several of .the new cantons, especially those of Vaud, in which the general principle of the alterations sug- gested was discussed. The various cantons appointed commissions to revise their respective constitutions, and this labour being completed in the course of 1814, the new cantonal constitutions were laid before the diet, by which they were guaranteed, and copies of them were deposited in the federal archives. The constitutions of the twenty-two cantons, as established in 1814, might be ranged into three classes, according to the prevailing principle of each. The first class is that of the pure democracies which remained unaltered in their principle. The cantons thus constituted are the old mountain cantons, namely Schwyz, Uri, Unterwalden, Glarus, Zug, and Appenzell. To these may be added two more cantons, the Orisons and the Valais, which were formerly only allies of the Swiss, but are now, as we have seen, integral parts of the confederation. These two states are composed of a number of small democracies, one in each valley, having each its own councils and magistrates, who administer all internal affairs, and who send deputies to a great council or cantonal diet which 262 HISTORY OP SWITZERLAND. [period vr. exercises the higher legislative powers in matters concerning the whole state. The laws, however, which emanate from this great council are submitted to the approbation of the assemblies of the people of each valley or district. These states, in short, constitute confederations in miniature, similar to the great Swiss confederation of which they form a part. In the Valais the forms are less democratic than in the Grisons, the lower Valais not having an equality of votes with the upper Valais, indeed it will be remembered that previous to 1798 the lower Valaisans were subjects of the upper or German Valais. The bishop of Sion has also a vote in the general diet of the Valais. In the Grisons, on the contrary, a system of perfect equality exists between the inhabit- ants of the numerous vallies or districts of that Alpine region. The second class of cantons consists of those in which aristocratic privileges had been enjoyed for centuries by the principal town of the respective canton, or in some instances by a particular or patrician class of the inhabitants of the head town. These cantons are seven in number; namely, Zurich, Bern, Freyburg, Soleure, Luzern, Basel, and Schaffhausen. All these were originally, as it has been already seen, free imperial towns and places of refuge in the middle ages against feudal oppression. We have seen also how, after the declaration of independ- ence by the three Waldstatten or forest cantons, these imperial towns, one after the other, renounced their allegiance to the empire and joined the confederation. In their new condition of sovereign independent states, their municipal administration continued to form the basis of their constitution ; and thus the trades or corporations in one town, or the patrician families in another, furnished the members to the legislative and executive councils. The country districts, being mostly conquered or purchased from the neighbouring barons, transferred their allegiance to their new masters of the towns, and they were decidedly gainers by the exchange. But as, in the course of ages, the country districts grew in wealth, population, and industry, and villages became flourishing little towns, the inhabitants began to murmur at the exclusive privileges of the cities. This led to tumults and insurrections, and this feeling^'of discord mainly contributed to the catastrophe of 1798. By the Act of mediation of 1803 all exclusive privileges were abolished, but the qua- lifications required of the candidates for seats in the councils, joined to the duration for life of the office of councillor, secured a considerable influence to men of property and of old families. In 1814 the towns, or at least a party in each of them, strove to resume their former autho- rity over the country, but owing to the resistance they met with, and still more perhaps to the conciliatory suggestions of the foreign minis- ters, a compromise was entered into, and the towns agreed that the country districts of each canton should return about one-third of the members of the legislature. All monopolies which formerly fettered trade and industry had been abolished, and were not revived. The PERIOD VI.] HISTORY OF SWITZERLAND. 263 towns acknowledged the principle of political rights being common to all classes in the state, but at the same time, by retaining the majority of the seats in the councils for themselves, they were enabled to legislate for the rest of the country, and often in spite of it, and they likewise retained the disposal of offices and emoluments in their own hands. The town of Zurich, for instance, returned 130 members to the great council, and the rest of the canton eighty-two. The town of Basel returned ninety members out of 154. That of Schaffhausen forty-eight out of seventy-four. Bern 200 out of 299. Luzern fifty out of 100. Soleure sixty-eight out of 101. Freyburg 108 out of 144. In this last canton alone an aristocracy of patrician families was recognized by the law, and the members for the capital were to be selected from among those families. In all other cantons there was no aristocracy de jure, hut all the cit zens were admissible into the councils. So far the constitutions of 1814, with the exception of that of Freyburg, retained the principle of equality of rights as acknowledged by the Act of mediation, but they circumscribed it materially in practice with regard to the country districts, and also by the mode of the elections. The qualifications for members were likewise considerably high. Still the constitutions of 1814 were more equitable in their principle, in all the town cantons, not excepting Freyburg, than the former exclusive ones which had existed previously to 1798. The third class was that of the new cantons formed since 1803 out of the former subject districts or bailiwicks ; namely, Aargau, Thurgau, Vaud, Ticino, and St. Gall. The constitutions of these, as settled by the act of mediation, were popular, and framed on the principle of equality of rights among all classes of the citizens of each canton. The canton was divided into circles, and the electors of each circle sent three members, having certain moderate qualifications, to the legislative council. The duration of their functions, unlike that of the councillors in the town cantons, was limited. The distinction between the three powers, legislative, executive, and judicial, was strictly defined. These constitutions were remodelled in 1814, and a curious system of elections was then established, contrived, as it was said, to give to property a greater influence in the state. The great or legislative council was re- newed one-third at a time, and at fixed periods. The mode of elec- tions was triple : one-third of the new members was elected directly by the assemblies of the circles as heretofore. These assemblies furnished besides a list of four candidates for each circle possessed of a higher qualification than the directly chosen members, and out of these lists the great council itself chose one member for each circle ; and thus another third of the vacant seats was filled. Lastly, an electoral com- mission, composed of the council of state or executive, of the judges of the high court of appeal, and of a certain number of other members of the great council, chose the remaining third chiefly from among the wealthier landed proprietors. The duration of the functions of each 264 HISTORY OF SWITZERLAND. [period VI. member was in some cantons of twelve years, in some of eight, in others of six ; but in all the members could be re-elected. The great council chose the members of the executive and of the higher court of appeal out of its own body, and the members thus chosen continued to sit as legislators. The right of proposing measures belonged exclusively to the council of state or executive, whose projects of law could only be either accepted or rejected by the great council, but not amended. The consequence of this system was that the new cantons, while professing to be popular in opposition to the old aristocratic ones, were ruled in fact by a certain junto of individuals, who having once secured their seats, elected or re-elected their friends as their colleagues, who, in their turn, re-elected them, and thus a self-electing majority was perpetuated. In the old aristocratic cantons considerable concessions at least had been made to the classes previously excluded from all share in the government, while the new cantons, created of yesterday in the name of the people, were now retrograding into a sort of oligarchic system, for which no precedent or prescription could be alleged. Two more cantons, completing the number of twenty-two, have not been mentioned in the above sketch. One is Geneva, formerly an ally of Switzerland, afterwards incorporated with France, and at length re- stored to its independence by the allied sovereigns, and received into the bosom of the Swiss confederation. The institutions of this little state, which formerly resembled those of the aristocratic cantons, were modified in 1814 so as to give the elective franchise to all the citizens, but then the nomination of part of the legislature was left to an electoral body composed of the actual and late members of the great council, with the addition of some elders and clergymen. The mode of election and the formation of the councils resembled those of the other new cantons. The last canton which remains to be mentioned is Neuchatel, which being restored in 1814 to the king of Prussia as its prince, was' at the same time, and at its own request, admitted into the Swiss con- federation as one of the Swiss cantons. The constitution of Neuchatel is peculiar, but its main principle is that of a constitutional monarchy. The king of Prussia, as prince of Neuchatel, swears on his accession to maintain the constitutional rights of the country : he cannot appoint any but natives to civil or military offices, with the single exception of the governor, or king's lieutenant, who is generally a Prussian officer. No one can be dismissed from his employment, except for misconduct or incapacity, proved on trial before the proper court. No native of Neuchatel can be tried out of his country, and the persons and pro- perties of all are protected by the laws. ' Commerce is perfectly free: every one can leave the country or return whenever he pleases, or settle anywhere without losing his rights as a citizen. Foreigners may settle in the canton, and enjoy the same protection as natives. No new tax can be levied, and no law can be enacted or abrogated without the ap- j^riod VI.] history of SWITZERLAND. 265 probation of the national representatives assembled in the " General Audiences." This assembly is composed of seventy-five members, sixty-five of whom are elected by the suffrages of the distinct assem- blies of all the people, with the exception of paupers, bankrupts, and condemned criminals. The other ten are appointed by the prince. Formerly the prince appointed forty-five of the members, which con- stituted the majority, but the present king of Prussia, after his restora- tion to the principality, reduced of his own accord the number to ten, giving the nomination of the rest to the people. The sessions of the Audiences are opened and closed by the lieutenant of the prince, but not more than two years must elapse between the closing of one session and the opening of the next. The prince has the executive power, which is exercised in his name by his lieutenant, and a council of state ; and he appoints the judges, mayors, and other public officers. Sentences in criminal matters must be approved by the executive, the prince having the power of mitigating the penalty. The towns of Neuchatel and Valengin have municipal privileges, and they appoint their own councils and magistrates for local matters. Such are the outlines of the constitution of this little state or princi- pality, by which it has risen to a remarkable degree of prosperity under the protection of the princes of the house of Brandenburg, who have been its sovereigns for more than a century. When, in 1815, Neuchatel was received into the Swiss confederation as a canton, its institutions as a principality remained unaltered ; it was a constitutional monarchy which became allied by permanent federal bonds to the republican states of Switzerland, retaining like them its independence as a sovereign state, and its peculiar form of government. This ought to be borne in mind whenever any discussions arise in the federal diet concerning the in- ternal affairs of Neuchatel The authorities for the 6th period are very numerous : they consist chiefly of extracts from the political pamphlets and newspapers of the times ; among others the French Moiiiteur, the orders of the day, and dispatches of the French generals in Switzerland ; the acts and state documents of the various authorities which succeeded each other in that country ; the correspondence of Mengaud, general Montesquiou, &c., with the executive at Paris ; and for later events, Thibaudeau's Memoires du Consulat ; and for those which followed Napoleon's abdication, the' Memoire Historique sur la Constitution du 4 Aout, avec nn Appergu des autres Constitutions qui ont regi le Canton de Vaud depuis 1798, considerees essentiellement sous le Rapport du Systeme Electoral ; pre- sente par le Conseil d'Etat au Grand Conseil du Canton de Vaud dans 266 HISTORY OF SWITZERLAND. [period VI. la Semon de 1830, containing a well- written recapitulation of the neffo- tiations between the allied powers and the Swiss cantons in 1814-15 Among the professed historical narratives of the calamitous invasion of Switzerland by the French in 1798, two deserve to be mentioned- namely, Geschichte vom Kampf und vniergaiig der Schweilzerischen Berg mid Wald Kantone, hesonders der alien eydgenoss, Kantotu Schwytz; by H. Zschokke; and Mallet du Pan, £..«z i//./anW swr ia Destruction de la Ligue et de la Liberie Helvetique, Londres 1798 SEVENTH PERIOD, PROM THE NEW FEDERAL PACT OF 1815, TO THE INTERNAL CHANGES WHICH HAVE TAKEN PLACE IN THE CONSTITUTIONS OF MOST OF THE CANTONS IN 1830 8. During the fifteen years which elapsed from 1815 to 1830, Switzerland enjoyed profound tranquillity. The general condition of the country might be called prosperous ; the anomalies which we have described as existing in the institutions of many of the cantons were felt and com- mented upon as matters of speculative politics ; there were no acts of crying oppression on the part of those who had seized the helm of the government, but there was a want of improvement and a general languor in the administration. The civil and criminal laws, in most cantons, remained as they had been of old, defective and encumbered with the rust of the middle ages. The education was improved in several districts, but not all over the country, no general system of popular instruction being enforced. The press was in most of the cantons under a strict censorship. The sittings of the cantonal councils, and of the federal diet, were kept close, and no report of their discussions was published. In short, most of the Swiss states, although under republican names and forms, were really less popular in their institutions than several of the constitutional monarchies of Europe. The same men remained in power and office, as if they had been appointed for life. Petitions were from time to time presented in several cantons for the revision of the consti- tutions of 1814, but were everywhere rejected by the councils. The first alteration of this state of things took place in the canton of Ticiiio in May and June, 1830. Thus it cannot be said that the reform in Switzerland was altogether a consequence of the French revolution of July of that year, as it had already begun before that event, which, however, hastened its progress in the other cantons. It must be observed, also, that the abuses in the government of Ticino seem to have been of a graver character, or at least to have led to graver consequences, than in the rest of Switzerland. From the statements published at the time, it would appear that great corruption prevailed in the councils ; that offices were openly sold ; that bribery was used to influence the courts of justice ; and that men were kept in prison for years without 268 niSTORY OF SWITZERLAND. [period VII. PERIOD VII.] HISTORY OP SWITZERLAND. 269 i:.| being tried. The canton of Ticino is also one of those in which the intel- lectual and moral condition of the mass of the people stands lowest. On the 1st of May, 1830, the commune of Lugano assembled accord- ing to the existing forms, in order to elect its municipal magistrates. Alter the election, the syndic Luvini, in returning thanks, spoke of the general wish of the people for a reform in the constitution. The assembly applauded, and the speech was printed and distributed. The other communal assemblies followed the example of Lugano and ex- pressed similar sentiments. Some members of the executive council proposed measures to repress these manifestations of the popular will but the council refused to adopt them. The legislative council assem- bled according to custom on the 7th of June, and the president, Lotti, spoke m favour of reform. The executive council then, by virtue of its exclusive right of propounding measures, proposed a project of constitu- ion on liberal principles, which, after a long discussion, was adopted by the legislature, and submitted to the general assemblies of the districts Nvho sanctioned it ; after which the new constitutional law was proclaimed! It established the direct system of electing all the members of the legis- lature, the elections to take place every four years. The members of tlie executive, and those of the upper courts of justice, cannot be at the same time members of the legislative council. Members of the lcazed to the ground." After moving these startling resolutions in the federal diet, the deputies of Bern pro- ceeded to say, that if that assembly rejected them, they had instructions from their canton to protest in the name of the sovereign people of Bern against their rejection, and then to withdraw from the diet. The diet, having listened to this strange declaration, resolved almost unani- mously, that if Bern withdrew its deputies, a federal corps should im- mediately march and occupy Bern, just as it would have occupied Neu- chatel, had Neuchatel persisted in its disobedience to the federal man- date. The same measure should be dealt to all indiscriminately. The determination of the diet had a salutary effect. The deputies of Bern requested new instructions from their canton ; meantime their motions were laid aside, and the diet proceeded quietly to other business. Such was the triumph of constitutional principles and political justice over both the extreme factions in the memorable session of 1833. The firm attitude of the diet, supported by the opinion and patriotism of the great body of the people, saved Switzerland from incalculable mischief In little more than a week 40,000 militia from different cantons were under arms ready to obey the orders of the federal diet against any re- frACtory canton, no matter which. It was then proved that, notwith- standing the defects of the existing federal pact, there was an authority in Switzeriand superior to party spirit and factions, which could depend upon the support of the people at large, whenever their aid was required by reason and justice. The ultra-democrats, who had been foretelling the event of a collision which would end in the extermination of the opposite party, appeared sorely disappointed at this peaceful result, and they vented their mortification by abusing the diet ; but their sneers PERIOD VII.] HISTORY OF SWITZERLAND. 283 had little effect in disturbing Helvetic equanimity. Throughout the whole crisis the canton of Zurich, as the vorort or directing canton, sup- ported by Geneva, Vaud, the Orisons, &c., earnestly supported the federal authority. The questions of Basle and Schwytz were settled : Basle was divided into two half cantons or separate states, Basle town and Basle country, independent of each other in their internal governments, but having only one vote between them in the federal diet, after the manner of the two divisions of Appenzell and of Unterwalden.* Old and New Schwytz arranged their intestine dissension without coming to a separation, the former consenting to a more equal distribution of the elective rights. The landsgemeinde assembled in October, 1833, at Rothenthurm, adopted a new constitutional system, by which all the natives of all the districts who have completed their eighteenth year, and who are not bankrupts, or under a sentence disgraceful to their character (infamante), enjoy alike the same political rights, vote in the landsgemeinde, and elect the members of the great and little councils, and of the court of justice ; the members of both councils are elected for six years. The debates are public. The general landsgemeinde meets every other year, in the month of May, under the presidency of the landamman ; it adopts or rejects the bills laid before it by the great council ; it ratifies the treaties concluded with other cantons, or with foreign powers ; it gives instructions to the deputies to the federal diet, and it appoints the lan- damman, the statthatten, or lieutenant, and the treasurer, who remain two years in office. The matters which are to be laid before the general landsgemeinde must be printed and distributed previous to its meeting. The votes are given by show of hands, and the majority decides. There are, besides, district landsgemeinde for the purpose of elections. The convents are subject, in temporal matters, to the civil authority, they cannot purchase or acquire landed property, and they contribute like the rest to defray the cantonal and local expenditure. A general revision of the laws of the canton, which were in a very imperfect state, was likewise decreed.t The year 1834 seemed to open with prospects of tranquillity for Switzerland, when a fresh source of anxiety suddenly sprang up from a foreign quarter. A considerable number of Polish, Italian, and German political refugees, in consequence of the revolutionary movements which had taken place since 1830 in their respective countries, and which had failed, had found their way to Switzeriand. In April, 1833, a body of about 400 Polish emigrants left France, and took refuge in the canton of Bern, where they were hospitably received ; subscriptions were raised for them, many found employment in various capacities, and several of * See p. 199. t Leresche, in his Dictionnaire ghgraphique statistique de ia Suisse, Lausanne, 1836—7, article Schwytz^ gives a sketch of the new constitution of Schwytz. 284 HISTORY OP SWITZERLAND. [period VII. them fixed their residence in the little town of Bienne. All at once, in January, 1834, some hundreds of these refugees left their various places of residence proceeded by small parties to the canton of Vaud, which they crossed, and assembled, armed with muskets and other weapons, on the banks of the lake of Geneva, especially at Nyon, where the^ manifested their intention of making an attack on the opposite coast of bavoy, a part of the dominions of the king of Sardinia. This attack was combmed with other attacks and insurrections which were expected to break out m various parts of the Sardinian monarchy. The govern- ment of the canton of Vaud, being informed of this illegal assemblage, issued orders to the local authorities to stop the men and disarm them. But he local authorities had no armed force at their disposal, and were but lukewarmly supported by the citizens, who, from what they had heard or read, sympathized with the Poles as victims of oppression in their own country, without reflecting that the transactions in Poland could afford no apology for attacking the neutral kingdom of Sardinir." This sympathy of the natives of republican states for all those who, no matter why chose to revolt against or to invade any monarchical state the sympathy which, not content with harbouring political refugees of other states, abets them in their acts of armed hostilifv, is of momentous importance to the tranquillity of the world ; for unless the individual mem- bers of repubhcan states choose to abide by the laws of nations, and the international rights expounded by all jurists, not only will it be impossi- ble for republics and monarchies to live at peace with one another, but hey will not even be able to carry on war according to the system of civi- lized nations; and as the world, according to all appearance, will vet long continue to be divided among absolute and limited monarchies and repub- lean governments, the consequence would be a permanent state of hos- tihty and rancour worse than that of the Guelphs and Ghibellines of the middle ages It would be, in fact, the monstrous principle proclaimed by the fanatics of the first French revolution : *^ War of extLinaS against all governments which are not constituted like our own " * On the morning of the 5th of February, 150 refugees seized 'at Nyon a barge loaded with timber, threw the timber overboard, and embarked for Savoy, when they landed near Hermance, at one extremity of the canton of Geneva bordering on the Sardinian territory. The Lvem! ment of Geneva, having received timely information, sent a magistrate with some troops of tlie garrison and militia, who arrested the refugee, seized their arms and sent them back in the boat to the canton de Vaud' But another, and the main body of the refugees, under general Romarino,* on thlclrntTt^^^^ 'n^ °P^"^^ ^^^"^'^ ^° «--^^ -itings circulated ence Ld Hbertv Zl \ ?°v ° *^''' '''^'' " ^" "^^^^'^^ concerning independ- rrnttd^^^^^^^^^^ per bande. Italia, 1830. ^'^^"^ ^"'^''' '*"'''"''^' * A constitution on abstract principles, without consulting local habits, or taking into con- sideration the gradations which exist in the intellectual, moral, and economical condition of the different cantons ; a constitution which would not satisfy any one. Besides, why create a new legislative authority, whilst we have a legal and constitutional one, namely, the diet? By creating a new assembly, to frame a new constitution, you would at once sign the death-warrant of the existing one ; you would prejudge the question ; you would infringe upon the federal pact. The very principle of a new assembly would be to look upon the Swiss as one nation ; a principle contrary to the rights of the cantons, and which, once admitted, would put an end to all cantonal independence. There is no single Switzerland : we are two-and-twenty states, which have united for our mutual protection and defence, but none of these states ever intended, in joining the confederation, to sacrifice any portion of their sovereignty. Vaud certainly never did." In conclusion, the deputy of Vaud voted for a partial revision of some of the most important articles of the present pact, which he specified. Geneva followed on the same side as Vaud, and voted for a partial and gradual revision : " Geneva will have no constituent assembly, no numerical principle, by which the six largest cantons would dictate laws to the other sixteen." Zurich opposed the idea of a national assembly, which would be the ruin of the cantonal sovereignty. It voted for a revision by the diet, in eluding a revision of the system of representation, establishing some better proportion between the number of votes and the size and popula- tion of the various cantons, and their respective contributions in men and money for the common protection, but not the principle of numerical proportion, " for Zurich will not establish the tyranny of the large can- tons over the small ones." On a division, thirteen and a half cantons voted for a revision of the federal pact by a committee of the diet, one and a half for a national assembly, and the rest either voted against all revision, or abstained from voting. A committee of the diet was accordingly appointed to revise the federal pact, but, after various sittings, the members found that they could not agree upon the subject of the proportional representation. They then proceeded to discuss other points, by way of suggesting im- provements, but without coming to votes. The committee then made its report to the diet, and thus another attempt at revising the federal pact terminated without any result. * Several minor matters were settled in an amicable manner. Schwytz had been condemned the year before to pay the expense of the federal army of occupation, which amounted to nearly half a million of Swiss livres, a sum too heavy for a small agricultural and pastoral district. The sum was reduced to one-fourth by the majority of the diet. On this occasion five cantons, namely, Bern, Luzern, Basle country, Thurgau, and St. Gall, voted against any reduction. The deputy of the Grisons communicated to the diet the satisfactory intelligence that the Austrian government had recognised the long pending claims of that canton on the administration of Lombardy for the losses sustained by Grison citizens who had property in the Valte- line, which was confiscated when general Bonaparte seized that district in 1797, and united it to Lombardy. The amount of indemnity which the Austrian government agreed to pay was fixed at two millions of Swiss livres. Thus an old act of injustice committed under one govern- ment has been expiated under another : a good moral lesson, like that of the American claims upon France and Naples, for injuries committed under Napoleon, which have been liquidated under the restored dynasties of those realms. On the 6th of September, the session of the federal diet of 1834 was closed by burgomaster Hirzel of Zurich, after a speech in which he recapitulated all which the diet had done, and likewise mentioned that which it could not do, namely, the revision of the federal pact : " Some of us who have gone far ahead of the rest, would not slacken their pace, others who have remained behind would not quicken theirs, and the rest were not sufficient for a majority. And what are the causes of this ? the will of the Swiss themselves, their tenacity of the sovereignty of their respective cantons, a feeling as strong now as ever. The smaller the canton, the stronger is this feeUng, and the greater the resistance. Meantime we ought not to neglect those improvements which precord 294 HISTORY or SWITZERLAND. [period VII. PERIOD VTI.] HISTORY OF SWITZERLAND. 295 gradually. Let us remember that all the cantons are m a progressive state, and that the reforms which they are effecting within themselves will lead them to agree also to improvements in the general system of the confederation. Even in our present state we enjoy many advantages which are envied hy other nations ; let us preserve those blessings, let'us increase them if possible." With the 1st of January, 1835, Bern became in its turn the vorort or directing canton. The Austrian minister addressed a note to the new vorort, requesting it to state whether Bern, as directing cantons, meant to abide by the declarations of the last vorort of June 1834, which had been sanctioned by the diet, with regard to those refugees who might endeavour to disturb the peace of the neighbouring countries ; or whether the protest which Bern, as a canton, had entered against those declara- tions, was to be considered as indicative of the line of conduct which Bern,^as vorort, intended to pursue. " In the same manner as Switzer- land," said the Austrian note, " has a right to insist that foreign states do not interfere with her internal politics, so have the neighbouring states a right to expect that there be no interference, proceeding from the territory of the confederation, with their own internal affairs. If ^ve are to respect the institutions and the constituted authorities of Switzerland, and its federal and cantonal colours, Switzerland must likewise main- tain at home a like respect towards her neighbours, as reciprocity forms the basis of international rights. The neighbouring states have no wish to offend, disturb, or annoy Switzerland ; but Switzerland should not permit within its boundaries any overt acts having a hostile bearino- towards the neighbouring states, which, if opportunities should occur^^ might be followed by hostile aggressions, such as have already taken place." The ministers of Bavaria and Baden, whose territories also border on Switzerland, presented notes to the same effect. The executive of Bern, as vorort, replied by some explanatory notes, which gave urn- brage to the ultra-democratic party in its own great council, where a motion was made to examine into the conduct of the vorort in its relations with foreign powers. The avoyer De Tavel, president of the vorort, in a long and able speech, while he opposed the motion as unnecessary, gave full information concerning the actual state of diplomatic relations His explanations proved satisfactory to the majority of the great council* and the motion was negatived by 1 57 to 36. The year 1835 passed quietly for Switzerland, without any very grave occurrences within or without. In 1836, the question concerning the foreign refugees was the subject of an unpleasant correspondence between the federal authorities and the French ambassador. It appears that the engagements entered into by the directing canton in 1834, and approved of by the diet, had been evaded by some of the cantons, that certain political refugees who had participated in plots and conspiracies against foreign slates, on being expelled one canton had found refuge in another, and that fresh refugees, similarly implicated, had entered the Swiss territory, and were similarly harboured and protected in several cantons. The French and other foreign ministers therefore complained that the engagements entered into by the federal authority, were violated by several of the members of the confederation.* They represented that the geographical situation of Switzerland is peculiarly adapted to make it a convenient place for plotters and agents of sedition, being in the centre of Europe, bordering upon no less than six monarchical states, namely Austria, Sardinia, France, the grand duchy of Baden, Bavaria, and Wurtemberg, with an extensive line of frontiers, most difficult to guard, and numerous moun- tain passes, lakes, and rivers, across which a band of armed men can at any time suddenly pass and repass, there being no military force stationed on the Swiss side of the line to prevent it. It appears that several secret clubs of political emigrants formed in Switzerland, who were designated by the name of " young France," " young Ger- many," " young Italy," &c.,t corresponded with the malcontents of their respective countries, and spread incendiary writings, in which they proclaimed a vast plan of a sweeping, not only political, but social reform, in all western Europe, to begin by upsetting at any cost, by the sword the dagger, and the torch, the existing institutions of the various states. Several of the cantons, and Zurich in particular, col- lected information concerning these secret associations, and made reports to the diet which were published, and left no doubt of the reality of the conspiracies which were going on, on the neutral ground of Switzerland. Dr. Keller, president of the supreme court at Zurich, and deputy to the diet of 1836, exposed the sanguinary statutes of the association known by the name of " young Germany," by which the heads of that society are empowered to issue sentences of death against individuals obnoxious to their cause, which sentences the adepts are bound to execute. On the 22d of June, 1836, the council of state of Bern which was in that year the vorort of the confederation, addressed a note to the French ambassador, duke of Montebello, saying, that " beinuscha el. ' Et ils filg dschet ad el : Bap ! e nha fat puchia in tschoel et avant tei ; gi6 nu sun den;^: de gnir nomna tees filg. Ma il bap ha dit a sees servieints: dalunga porteinang il prum buschmaint, trateint el, dat un ann6 in sees mang et schiaipas in sees pees. Et manai pro un vadee ingrascha chia no ins possen alegrar et mangiar. Perchia quest mees filg era mort et PIS reviou, era peri, et eis chiata. Et els han cumeinza il past d" alegria. exist in the same languages, as well as national chronicles. Numerous MSS., some of them eight or nine centuries old, existed in the convent of Disentis. which was burnt by the French on the 6th of May, 1799. A newspaper is now published in Rumonsch. UPPER ENGADIN. Un hom havaiva duos filgs : Et il juven d' els dschet al bap. Bap, dom la part della facohed, ch' im po tucher. Et el dividet ad els la facolted. Pochs dis zieva haviand il filg juven accolt tuot insemel giet in paiais da- lonsch, e disfet lo tuot il sieu, vivand schlaschedamang. Ma haviand el trasatu il tuot, rivet una granda fam in quel paiais, et el comauzet a sufrir maungel. Giet dimena a s' iffiner tier un con- tadin da quella contrada, i) quel il tra- matet sun sia campagna a parchirar ils pores. El bramaiva d' implir sieu vainter con pastriilg, chials pores maglaiven, ma ungun nu '1 daiva. Giand dimenna in se dschet : taunts raercenaris in chese de mieu bap haun paun in abondanza, ma eau peresch d' fam. Eau volg partir et ir tiers mieus bap, e dscharo : Bap ; eau he pchio center il eel, etavaunt te. Ne sum pii deng d' esser nomnd tieu filg, trattam sco un de tieus mercenaris. El partit et gnit tiers sieu bap : siand aunchia dalonsch il vezet sieu bap, as compassionand, currit el al brancler et biitscher. Co dschet il filg ad el : Bap i eau ho pchi6 eonter il eel et avaunt te, ne sum pii deng d' esser nomno tieu filg. Ma il bap dschet a sieus famalgs aporti il pii bel vestimaint et vesti '1 et del un ane in sieu mami, e scharpas in sieus pies. Mne tiers un ode ingrascbo, mezzi '1 e stain legers, perche quist mieu filg eira mort, ed ais return© in vitta, el eira pers ed ais rechiatto. Usche comauzetten eis a ster legers. From the New Testament in the Ru- monsch of the Grey League, llg Nief Testament da Niess Senger Jem Christ, ent ilg Languaig Rumonsch da la Ligia Grischa; Cuera, 1820. Un Hum veva dus filgs : Ad ilg juven da quels schet alg bab ; Bab, mi dai la part de la rauba c' aud' a mi : ad el parche or ad els la rauba. A bucca^bears gis suenter, cur ilg filg juven vet tut mess ensemel, scha tiia '1 navent, en Uuna terra dalunsch; a lou sfiget el tut sia rauba cun viver senza sparng. A cur el vet tut sfaig, scha vangit ei en quella terra iin groud fumaz j ad el antschavet a ver basengs. Ad el ma a sa plide enn uu Burgeis da quella terra ; a quel ilg tarmatet or sin ses beins a parchirar ils pores. Ad el grigiava dad amplanir sieu venter cun las eriscas ch' ils pores mal- giavan ; mo nangin Igi deva. Mo el ma en sasez a schet j quonts fumelgs da mieu bab han bundonza da paun, a jou mier d' fom I Jou vi lavar si, ad ir tier mieu bab, a vi gir a Igi : Bab, jou hai faig puceau ancuuter ilg tschiel ad avont tei. A sunt bucca pli vangonts da vangir numnaus tien filg : fai mei esser sco iia de tes fumelgs. Ad el lava si, a vangit tier sieu bab : a cur el fo ounc dalunsch, sch' ilg vaset sieu bab, a sa parnet puceau d' el ; ad el curret, a curd^ vi da sieu euliez, ad ilg bitseha. Mo ilg filg schet a Igi : Bab, jou hai faig puceau aneunter ilg tschiel, ed avont tei, a sunt bucca pli vangonts de vangir numnaus tien filg. Ad ilg bab schet a ses fumelgs : Dei nou ilg pli bi vastcheu, algi targeit ent, a mettie tin ani en sieu maun, a calzers en ses peis. A maneit nou quel vidi' angarschau, a mazeit, a mangein a stein da bunna velgia. Pareheica quest mieu filg fova mortg, ad ei vangeus vifs ; tl fova pardeus, ad ei vangeus afflaus. Ad els antschavevan ad esser de bunna velgia. X 2 308 APPENDIX. OBERLAND RUMONSCH OF THE CATHOLIC DISTRICT. In tschiart omni veva dug filgs : Et il pli giuven ha dietg agli bab : Bab da a mi or la part della rauba che auda a rai. Et el ha partigiu or ad els la rauba. Paucg diis suenter ha il filg giuven rimnau ensembel tutt, et es ius enten ina iiara dalunsch, et lau ha el fatg ir sia rauba cun se surdar a schliats plischeers. Et suenter ch* el veva veuschiu tutt, schi ei vengiu ina gronda fom enten quella tiara, et el ha entschiet a patir muncanza. ^ Et el ei ius et ha priu surveteh tier in vischin da quella tiara. Quel hatermess el sin sia meria a parchiarar il portgs. El vess bugen compliu siu venter cun quel fretgs ch' ils portgs migliavau, et ningin dava ad el de quels. Mo ius en sesez ha el detg: conts luvreers han buldonza de paun enten la casa de miu bab, et iau mierel cheu della fom. Jeu vo leyar si, ir tier miu bab e dir ad el; Bab ieu hai fatg puccau encunter il tscheil e cunter tai. Jeu sundel buce vengonz de vengnir nomnaus pli tui figl: tegn mei sco in dils tees luvreers. E levont si eis el ius tier sui bab. Mo cura ch' el fuva aunc dalunsch, ha siu bab viu el, e muentaus de compassiuu es el currius vi tier, ha priu ei entuovn culiez e bitschari el. Et il filg ha detg ad al : Bab, ieu hai fatg puccau encunter il tscheil e cunter tai. Jeu sundel buce vengonz de vengnir nomnaus pli tui filg. Mo il bab ha detgals sees survients ; portei gleiti neutier il pli bial vestigiu et tirei eun adel, mettei in anni enten siu maun, e calzeers euten sees peis. Mani neutier in vide grass, e mazei el, sma quei che nus possien far in past de legria. Partgei quest miu fegl ei staus morts et ei pusspei vivs, el ei staus piars et vengnui anflau. Et els lian entschiert a migliar. DIALECT OF BELLINZONA, south of the Alps, in the Italian canton of , Ticino ; that of Locarno differs but very little from it. Oum cert uom al gha avii dii fio : ' E al pili giovan da lor 1' ha di al pa- dar : Pa, damm la ,part da la sostanza, ca me tocca: E al gha dividll la sos- tanza. E dopo migna a tanti di, mettii in- semma tuttcoss, al fiii piu giovan 1' £ parti in paes lontang, e li 1' ha fai na la soua sostanza col vif liisUriosament. E dopo che T aveva consiima tuttcoss, ghe venii ouna gran fam in quel paes, a lii r ha comincia a trovass in bisogne. E r e an da e '1 se tacca a vUgne de quel paes. E al 1' ha manda fdra in di so fondi a guida i porcei. E al desiderava de irapieniss al so ventar di giand che i porcei i mangiavan ; ma nissugne g' an dava. . Torna;donca in lu, 1' ha di: quants lavorant in ca dal me pu i abondan de pang, mi mo chi a mori da fam ! A staro sii, e audaro dal mi pa, e ga disar.) : Pa, i* ho pecca contr' al ciel e d' annanz' a ti. Oraniai a soum piii degne de vess ciama to fid : famm coma viigne di to' lavorant. E stand sU '1 e vegnu dal so pa. Ma essend ancamo da lontang, al V ha vedu al so pa, el s' e movil a compassioug, e correndog incontra al g' ha s' e butta al coll, e r ha basa sii. E al fid al g' ha di: Pa, j' ho pecca contr' al ciel, e dannanz a ti, oramai a soum piu degne de vess ciama to fiii. Ma al padar 1' ha di ai so servitor : prest tie scha al piii bell vesti, i e vestill SU, e deg oun anell in mang, e di scarp ai pe. ^ E mene scha oum vedell ingrassa e mazzell, e mangiemm e feinm past, Parche stou me fio 1' era mort e T 6 nschilschita, 1' era anda perdii, 1' sta trova. E j an comincia a fa past. APPENDIX. 309 No. III. (p. 132.) In January, 1528, the following theses, after being publicly discussed, were approved of at Bern by the evangelical or reformed preachers : - I. The Holy Christian Church, of which Christ is the only Head, is born of the word of God, and continues attached to it, and does not listen to the voice of a stranger. II. The Church of Christ does not make laws and ordinances unless grounded upon the word of God. Therefore, all the ordinances of men, which are called by the name of Commandments of the Church, are not binding upon us, unless they be founded upon, and ordained by, the word of God. III. Christ alone is our wisdom, our justice, our redemption, and satis- faction for the sins of the whole world. It follows, therefore, that to ac- knowledge other merits as means of salvation, and other satisfaction for sin is to renounce Jesus Christ. IV. It cannot be proved from Holy Scripture, that the body and the blood of Christ are contained materially and bodily in the Eucharistic bread. V. The mass, ^uch as it is now, in which the sacrifice of Jesus Christ is daily offered to God the Father for the sins of the living and the dead, is contrary to Scripture ; it is a sacrilegious insult against the holy sacrifice, passion, and death of Jesus Christ, and is an abomination before God. VI. Jesus Christ, having alone died for us, must be alone invoked as our mediator and intercessor between God the Father and the faithful. It is, therefore, without any foundation on Scripture that we are told to invoke other mediators and intercessors from among the dead. VII. There is no scriptural ground for attesting that there is after this life any purgatory, or place in which souls are purified by fire. Therefore, all the services for the dead which have been introduced, as vigils, masses, funeral processions, oblations, anniversaries, lamps, wax tapers, and other such things, are useless and vain. VIII. To make and set up images in order to bestow upon them a reli- gious honour or worship, is contrary to the word of God, both in the Old and New Testaments. They ought, therefore, to be abolished, whenever there is danger that the people should bestow upon them a religious honour. IX. Holy marriage is not forbidden by Scripture to any class or order of men ; it is, on the contrary, recommended to all, in order to avoid fornica- tion and lewdness. X. A public fornicator is excommunicated by the Scripture ; and there is no order of men in whom lewdness is more pernicious than it is in clergy- men, on account of the scandal they give thereby, and of the disorder which is consequent upon it. On the 7th of Feoruary of the same year, 1528, the great and little coun- cils of Bern issued the following edict of reformation, in thirteen articles : — • I. The ten theses already discussed are approved and confirmed, and all 310 APPENDIX. APPENDIX. 311 subjects of the state are ordered to conform themselves to them, forbidding all- rectors, curates, and other presbyters, to teach or speak against the above theses, under pain of being deprived. II. The four bishops' of Constance, Basel, Lausanne, and Sion, are de- prived of all spiritual jurisdiction over the subjects of our state, as they did not attend the disputation concerning the theses, which, had they been able to support their doctrine by the word of God, they would have done. Their temporal jurisdiction, however, is left to them. III. and IV. The deans, and other members of chapters, are freed from the oath which they have tendered to the bishops, and they are instead to take a new oath before their excellencies of the little council. Those deans who may oppose the evangelical doctrine are to be deprived, and others ap- pointed in their places. The clergy of the canton are no longer obliged to attend chapters out of the territory of the state. V. The mass and images are abolished for ever at Bern. But as there are in the country various populations and districts which are yet unin- structed and weak in the faith, their excellencies wish not to act harshly towards them ; but pitying them, and praying God that they may become enlightened, they leave them the faculty of abolishing or not the mass and images, according to the vote of the majority. Meantime they enjoin upon either party not to insult or revile the other. VI. It is intended generally to abolish all that is contrary to the word of God, and to the peace, union, and welfare of the community. VII. Although the ceremonies of the mass, offices for the dead, anniver- saries, &c., are abolished, yet the foundations or legacies bequeathed for these various purposes, the quit rents, census, and other dues, shall continue to be paid as heretofore, in order that the clergymen who have benefices may enjoy their income during their lifetime, and live and die in peace. After their death, we shall dispose of the property according to justice, not for our benefit, but in such a manner as that we may be able to give an ac- count of our management to God and men. Those persons, however, who have given property to convents, or have founded chaplainships and other minor benefices, without cure of souls, may resume it. VIII. With regard to those cures or benefices which were annexed to convents, the Vogt or Avoue of the convent shall give an account of their revenue, which shall be afterwards disposed of as may be thought fit. No lord, or patron, or collator of a church, is to appropriate to himself or touch any part of its revenues. IX. In order to avoid scandal, the vases and other ornaments of the churches shall remain where they are till further orders, with leave to the companies and corporations commonly called Abbayes, and also to private individuals who have altars and chapels belonging to them, to claim those utensils and ornaments attached thereto, in order that they may remove them, X. Marriage is allowed to the clergy. XI. Every one shall be allowed to eat of all sorts of meat, without dis- tinction of days, but with thankfulness, and without any excess or drunken- ness. Taverns, and other public places of entertainment, are to be shut up at nine o'clock in the evening, under a penalty of ten livres and upwards. XII, Monks and nuns may remain in their convents if they like, but must not admit any more novices or boarders ; those who wish to leave their convents may do so, carrying away that which they brought with them ; and if they choose to marry, and have not enough to support themselves, their excellencies will assist them out of the property of the convents. But, whether they marry or not, they must, on leaving the convent, quit the dress of their order. XIII. All clergymen having the cure of souls are to preach four times a week, Sunday, Monday, Wednesday, and Friday, under pain of dismissal, except during the sowing and reaping and vintage periods, when the pea- sants cannot attend church on week days. RuCHAT : Histoire de la Reformation en Suisse. No. IV. Cp. 142.) The Helvetic Confession of Faith, consisting of 30 chapters, was drawn out in Latin by Henry Bullinger, a friend ofZwingh, and other Swiss reformers. It was accepted by all the Swiss Protestant Cantons, and was translated into both French and German. It was also approved of by the Protestant churches of Scotland, Hungary, Poland, and France. The full title of the work is: — *' Confessio et Expositio simplex Orthodoxae Fidei et dogmatum Catholicorum sincerse Religionis Christiana?; concordita ab Ecclesije Christi Ministris qui sunt in Helvetia, Tiguri, Bernee, Glaronso, Basileee, Scaphusii, Abbatiscellse, Sangalli, Curia Rhsetorum, et apud Confederates Mylhusii item ac Biennae; quibus adjunxerunt se Genevensis et Neoco- mensis Ecclesise Ministri, una cum aliis Evangelii Praeconibus, in Polonia, Hungariaet Scotia." 8vo. Tiguri. 1566, and again in 1651. The latest French edition is that of Lausanne, 1 834 : " La Confession de foi Helvetique." But as it forms a volume of 152 octavo pages, we give here an authenticated abstract of it as published at Lausanne two or three years since under the title of " Articles de la foi Chretienne extraits textuellement de la Confession de foi Helvetique." I. We believe and confess that the canonical books of the holy prophets and of the holy apostles, which constitute the Old and New Testaments, are truly the word of God. . All the members of the Christian Church may find in the Holy Scrip- tures all that is required to render their faith a saving faith, and to regulate their morals in a manner agreeable to God. We do not think that the preaching of the word of God is useless, but we are persuaded that a solid knowledge of true religion depends on the illu- mination by the Holy Ghost. II. We believe and teach that there is but one God ; that this Being exists necessarily of himself ; that he is sufficient to himself, invisible, imma- terial, immense, and the only Eternal ; that he is all-powerful, and the Creator 312 APPENDIX. of all things which exist ; that he is living ; that lie'animates' and supports everything; lastly, that he is good, wise, merciful, just, true, faithful, and our supreme good. At the same time we believe and teach that this God, which in its essence is one and indivisible, is distinguished in holy writ into persons which must be neither separated nor confounded, namely, the Father, the Son, and the Holy Ghost. The Father has begotten the Son of all eternity, and the Son has been begotten by the Father in an ineffable and to us incomprehensible manner. The Holy Ghost proceeds from both, of all eternity, and ought to be adored with both the other persons. There are not three Gods, but three persons in the same Being, equal and co-eternal, yet distinct in an incom- prehensible manner with regard to their personality, for one of them is not the other, and also with regard to order, for one precedes the other. Still there is no inequality between them, but their essence is united and com- mon to the Father, the Son, and the Holy Ghost, so that there is but one and the same God. III. We teach that we will adore and invoke God alone ; that we ought to serve God in the manner which he has commanded us, without supersti- tion, in spirit and truth. We invoke, therefore, God alone in all our ills, in all our dangers, and in all our wants ; we invoke him through the sole mediation of Jesus Christ our only intercessor. r IV. We believe that all >hich is in the heavens and upon earth is maintained and governed by the providence of a wise, good, powerful, and eternal God. We do not, however, consider as useless the means employed by Providence, and those which we ought to employ ourselves after the manner prescribed in the divine word. God, who has known and deter- mined the end of everything, has also foreseen and ordained the beginning of it ; the end is connected with the means in his prescience as well as in the nature of things. V. This God, infinitely good and all-powerful, whom we adore, has created all the things which exist, visible as well as invisible, through his co-eternal Word, and he maintains them all through his co-eternal holy Spirit. All which God created " was good" in its origin. (Genesis i) Man particularly had the use of all which was necessary to him. The most excellent of creatures are the celestial intelligences, and man. We teach that some of the celestial intelligences have persevered with firmness in their obedience, and these are the angels which are ordered to ser\'e God and assist the faithful. Other spirits did not remain steadfast in obedience, but fell voluntarily into sin : God hurled them into perdition, and they became the enemies of all good, and consequently the enemies of the faithful. With regard to man. Holy Scripture also teaches us that he was created in righteousness, and formed after God's image. He was placed in the earthly paradise, and everything was made subject to him. We teach that man is composed of two difl*erent substances or natures. APPENDIX. 313 which form but one person, namely, of an organic body and an' immortal soul, which soul when separated from the body by death does not sleep or perish. The mortal body will be resuscitated at the last day, in order that the whole man may remain for ever in the abode of happiness or in that of punishment. " VI. God at first created man after his own image, in righteousness and innocence. But man, through an abuse of his liberty, allowed himself to be seduced by the serpent, and thus forsook his original righteousness. Consequently he became subject to sin and death and all sorts of miseries, and such as the first man became through his fall, such also are all those who have issued from him. When we say that man is subject to sin, we mean thereby that corrup- tion or depravity of man which is born with him, and which is transmitted (since the first man) from father to son ; vicious passions and propensities, a dislike of virtue, and inclination, to all evil, a disposition to malice and mistrust, and to the contempt and hatred of God ; these are the unhappy effects of that corruption which renders us incapable of any good. As man advances in age, he bears corrupt fruit, worthy of an evil tree : thoughts, words, and actions are those evil fruits. Exposed thereby to the wrath of God, we have to expect from Him nothing but a just punishment; and he would even have rejected us altogether, if Jesus Christ, our Saviour, had not led us back to him. By the death to which sin has made us subject, we mean not only the death of the body which we must all bear once in consequence of sin, but also the separation from God, and the eternal punishment which our sins deserve. We acknowledge, therefore, that there is an original sin in all men. We confess also that all transgressions of the Divine law which emanate from this" original corruption, are true sins, by whatever name they may be designated. We acknowledge also that all sins are not equally criminal, although thev be-all derived from the same source of corruption and want of faith; some of them are more enormous than others ; and therefore it is the Lord tells us that there will be various degrees of punishment proportionate to them. VII. Those questions which concern the liberty or free will of man have in all times been the cause of unhappy disputes in the church. We teach upon this subject as follows :— Man ought to be considered in three aspects. 1st. In his former state of innocence. 2dly. In his fallen state. 3dly. In his recovered or redeemed state. 1st. State of man before his fall. At the first, Man came forth innocent from the hands of his Creator, and was free ; he could remain steady in uprightness, but he could also turn to evil, and by taking unfortunately the latter course, he abused his liberty, and has drawn upon himself and his posterity a load of evils. 314 APPENDIX. APPENDIX. 315 ; ' ^y. State of man after Ms fall. We must now consider what man has become since his fall. He has not been deprived of his judgment, or of his will; he has not been reduced to the state of a tree or stone ; but his faculties have been so much altered and weakened that he cannot do now what he could have done before his fall ■ his intellect has become darkened, and his will, which was once free, has be- come a Slave, He has been made subject to sin, not tlirough constraint but through inclination ; and his will, although in a state of subjection to the senses and the imagination, is still called will, and not coercion. Thus man continues to sin without external constraint from the devil, much less isTee """ ^'"""'^' """^ ^Pon'^xeously, and in this respect he Since the fall of man, his intellect, abandoned to itself, can no longer judge rightly of divine things, and of those which concern virtue. The Holy Scriptures teach us that now. in order to be saved, man must be regenerated. Therefore our first birth which we derive from Adam is of no avail for our salvation. nnfir":,"'""'' 'r^"''f *''' *'"^' °^ '^' '^°'^^' "'^"- "'""gh «<"^"Pt. has noUost all capacity for knowing and judging for himself. He is still, thinks to Divine mercy, gifted with intelligence, though of a less perfect kind than .t was at the beginning. God wishes that man should cultivate his mind and enrich It with useful knowledge, and he grants him talents for this pu': pose, and blesses the efforts of man directed thereto. 3d. State of regenerated man. The understanding of the regenerated faithful is enlightened by the Holv Orhost, so that It knows the mysteries and the will of God : their will is likewise changed by the Holy Ghost, and supplied with strength to turn willingly unto good and to do it. ° There we must well notice two things ; the first is, that regenerated man one at rntrr"^ V'^'' T''' '"^ '"' ""'^ ^^I*"^"- -*'" ^ms "t'e operat on of God inclining him towards it, but he feels also that he acts of himself, of his own accord, and with pleasure. Another fact, which is not less deserving of remark, is. that there are always remains of weakness even in regenerated man. Tie traces of sn are stil in us. and the flesh resists the spirit till the end of oui Tife so th t Uie faithful cannot execute with perfection all which they propos^ to do But as the pasMons have no longer sufficient power to extinguish the flames' ofthe Holy Ghost, the regenerated are looked upon as free tho„!irrr tTetublj!^' ^""^'''""^ '•>eirweaknes..;and Lt pW^theretf o^^ Besides no one denies that both the regereratei3 Sigismund makes a formal cession of Thurgau . . Charles the Rash of Burgimdy purchases several districts of Alsace and the Brisgau from Sigismund of Austria His governors oppress the Swiss ....*. Louis XL and Sigismund of Austria conclude an alliance with the Swiss against Charles . . Charles negotiates with the Cantons in order to gain time Execution of his governor Ilagenbach — Swiss Cantons declare war against Charles, and invade the Pays de Vaud 1476 Charles, having made peace with France and the Emperor, crosses the Jura with 60,000 men, takes Granson, and puts to death the Swiss garrison ....... (March) Battle of Granson, and defeat of the Burgundians . (June) Battle of MoRAT ; Burgundians completely routed Savoy, by the mediation of Louis XL, recovers the Pays de Vaud And renounces Freyburg, which again becomes a free town allied to Bern ......••• Defeat and death of Charles the Rash near Nancy, in Lorraine Evil effects of the Burgundian war upon the morals of the Swiss Fresh disputes between the Swiss and the Milanese, and the Val Levantina ......... (Dec.) Battle of Giornico— Swiss defeat the troops of Milan • Conspiracy at Luzern discovered ...... Congress of Stanz— strife between Town Cantons and Forest Cantons ,.....••• Nicholas Von Flue, the hermit— his address to the Congress • SoLEURE and Freyburg admitted as Cantons Convention of Stanz — the standing law of the Confederation . Swiss volunteers enlist in service of several foreign countries . The Emperor Maximilian attempts to enforce the ordinances of the Imperial Chamber of Germany upon the Swiss, and he commands them to furnish a contingent of troops. The Swiss refuse, pleading their alliance with France . . Hostilities— Imperial troops defeated near Bregentz , • Louis XII. of France renews the alliance with the Swiss . Defeat of the imperial troops at Frastenz, in the Tyrol Maximilian himself takes the field against the Swiss . • His troops are defeated in Thurgau and near Soleuie The Gr sons defeat the Tyrolese at Malsheraida Maximilian invades Engadin, and detaches another corps to invade Basle ....••••• The Swiss surprise and defeat these at Dornach, near Basle (September) Peace of Basle between Maximilian and the Cantons, which ended the Suabian war, the last war of Swiss independence . . . . . • • • • Basle and Schaffhausen are admitted as Cantons Appenzell likewise, which completes the number of thirteen Cantons • • • Page 95 96 ib, ib, 97 ib. 98 ib, 99 ib, 100 101 102 ib. ib. 103 ib. 104 I*. ib. 105 ib. 106 ib, ib. 107 ib. ib. 108 ib, 109 ib. ib. S2S A. D. CHRONOLOGICAL INDEX. Socit\ or associates and Confederates or allies of the Swiss league . . . . City and Abbot of St. Gall, and the cities of Mulhausen andBiENNE Geneva, Neuchatel, the Grisons, and the Valais Boundaries of the Swiss Confederation Wars of the Swiss in Italy * .. The Swiss reconquer the Duchy of Milan for the House of Sforza, against the French— Siege of Dijon by the Swiss 1515 Francis I. again invades Lombardy Dissension among the Swiss; fight at Marignano against the French 1516 Perpetual peace between France and the Swiss, who retain the Italian bailiwicks .... PERIOD IV. Corruption of the Clergy in Switzerland at the beginninir of the X V Ith Century . . . . , The obligatory celibacy of clergy one of the causes oV this* Wars of the Swiss in Italy weaken their respect for the Church of Rome • • % 1 522 Intrigues of Cardinal Schinner ; battle of La *Bicocca '. Impostures of the Dominican monks at Bern ; their punishment Livings m Switzerland bestowed upon foreigners, chiefly Italians iiale of indulgences immediate cause of Reformation Indulgences, originally intended to remit canonical penalties Are abused-Leo X.'s bull for sale of them in Germany . Luther opposes the sale 1518 Samson, a Franciscan monk, sells indulgences in Switzerland Is opposed by Zwingli at Einsiedlen ; account of Zwincrli Zwingh preaches against the sale of indulcrences ^ 1519 Samson sells his indulgences at Bern and Baden ^ is o'pposed at Bremgarten by Bullinger, and at last is recalled . Zvvmgh, Bullinger. Wittenbach, (Ecolampadius, and other Reformers, question the right of Rome to decide in matters of laitn ••••... 1522 ZwingU is accused of impiety and sedition ; he writes his 'apoloc^y Conferences are held at Zurich between the champions of both parties • . . . , , .0, ?"'^^<''■"'^'"«f^ of Switzerland assume the name of Evangelicals 1523 Legislature of Zurich abolishes images, the mass, and mo- nastic vows Zurich first reformed Canton ; followcd'by St'. Gall* (city) \ Sern tempomes ; albwi cleigy and nuns to marry . . Page 119 ib, 111 ib. 112 113 114 115 116 118 ib. 119 ib. 120 ib. ib. 121 122 123 ib. 124 125 126 127 ib. ib, ib. 128 ib. 120 CHRONOLOGICAL INDEX, 329 A. D. pagg 1526 Conferences of Baden between theologians of both parties . 129 Intolerance especially in subject Bailiwicks ; persecutions • 130 Anabaptists ; Catholic and Reformed Cantons unite to suppress them 131 1528 The Council of Bern convoke a final conference . . . ib. Bishops of Basle, Lausanne, Sion, and Constance refuse to attend ib. Result of Conference is favourable to the Evangelicals . .132 The Legislature of Bern issues an edict of Reformation in Thirteen Articles ib. The Waldstiitten, Zug, Luzern, and the Valais, with Freyburg, form a Catholic League 133 1529 Zurich and Bern, and the towns of Bienne, St. Gall, Mulhausen, and Constance, form a Christian coburghership in defence of the Reformation ib. 1530 Schaflfhausen and Basle proclaim the Reformation . , , ib. Claris and Appenzell remain between the two Communions . 134 1533 At Soleure the Evangelicals are obliged to emigrate . , ib. In the Grisons full toleration is allowed ..... 135 " Bernese suppress revolt of people of Basle and the Oberland, who resume Catholic Communion, after embracing the Reformation 136. Disputes in the Common Bailiwicks on account of Religion . ib. Zurich, joined by Bern, St. Gall, andothers, declares war against the five Catholic Cantons, on account of their persecution of the Evangelicals . . . . . . . . ib. The neutral Cantons, Claris, Appenzell, Soleure, Basle, and Schaff hausen, interpose to make peace .... ib. First religious peace concluded in June, 1529 . . .137 Swiss Evangelicals disagree with Luther about Eucharist . 138 Farel preaches the Reformation in Western Switzerland . . ib, Neuchatel adopts the Reformation . . . , .139 Diet of Augsburg in April, 1530 ; Luther's Confession of Faith read there . . . . . . . , .140 Zwingli's Confession of Faith is forwarded to the Emperor Charles V. by Bern, Zurich, and Basle . , , .141 Swiss Evangelicals remain separate from the Lutherans of Ger- many .......... t^, 1532 Synod of Bern proclaims the ** Helvetic Confession of Faith" . 142 Disputes between Catholic and Evangelical Cantons about the Abbey of St. Gall f^. Zurich defeated by the Waldstiitten at the battle of Cappel , 143 Zwingli, who attends as Chaplain, is killed . . . .144 Results of the Battle of Cappel ; the Bernese are defeated . ib. 1531 (November) Peace of Baar — Abbot of St. Gall restored . . 145 Recapitulationof the early History of Geneva . . 146,147 Parties, political and religious, in that city . , . .148 Freyburg and Bern defend Geneva against Duke of Savoy « 1^, Knights of the Spoon i i «•«••• 14{) 330 CHRONOLOGICAL INDEX. CHRONOLOGICAL INDEX. 331 A.D. 1533 1534 1535 153t> 1537 1538 1541 1543 15G4 1564 1602 1603 Farel preaches at Geneva ...••,. Geneva loses alliance of Freyburg, but retains Bern, and pro- claims the Reformation .....,, Bern, as ally of Geneva, declares war against Duke of Savoy . Conquers the Pays de Vaud, and annexes it to its own territory Geneva proclaims its independence as a Republic allied to Bern John Calvin makes his appearance at Geneva . . • Administrative regulations of the Bernese in the Pays de Vaud Franchises of the town of Lausanne ..... Farel attends religious disputation there— Catholic Communion abolished .... ..... Reformation in Italian Bailiwicks, suppressed by the Catholic Cantons ......... Early history of John Calvin ...... Calvin and Farel expelled from Geneva .... Calvin recalled ; regulates religious, moral, and social polity in Geneva .......,., His code of civil law approved by the General Council of Geneva Establishes the academy or college ; his character . Execution of Servetus, the anti-trinitarian .... Calvin's death ; obligations of Geneva to him Treaty of Lausanne between Bern and Emmanuel Philibert, Duke of Savoy ; Bern restores the Chablais, and the Duke yields to Bern and Freyburg his claims on the Pays de Vaud Charles Emmanuel, successor of Eml. Phil, violates the treaty Attempts to surprise Geneva ...... New treaty between Geneva and Bern, and the Duke of Savoy, in which the latter engages to respect the independence of Geneva ....... ... Zurich, as well as Bern, contracts a perpetual alliance with Geneva . PERIOD V. Origin of the religious disturbances of Valtelhna Spanish, Austrian, and Venetian agents in the Grisons . 1618 Synod of Bergun; the Protestants rise in arms against the Catholics ........ Arrest of the archpriest Rusca ..... 1620 Catholics of Valtellina revolt ; massacre of Protestants . The Austrians and Spaniards support the insurgents Robustelli, one of their leaders, made President of Valtellina 1621 Duke of Savoy, King of France, and the Pope mediate . War continues ; Austrians invade the Grisons Page 150 151 ib. 152 ib. ib. 153 ib. ib. 154 155 ib, ib. ib. 156 ib. ib. 157 ib. ib. ib. 158 159 160 ib. ib. 161 162 163 164 165 A.D. Page 1622 Who rise in mass; Austrians devastate the country . • 165 The Grisons submit . . . . . . , .166 1624 Louis XIII. sends troops, who drive away the Austrians . . ib. 1626 The treaty of Mon9on between France and Spain . . ib. 1628 The War of Mantua brings again the Austrians into the Grisons ib. They carry the plague along with them ib. 1630 Peace of Chevasco — Austrians \vithdraw from the Grisons . ib. 1635 The French reconquer Valtellina from the Spaniards , . ib. 1636 The Grisons drive out the French 107 1637 Spain makes peace with the Grisons, who remain in possession of Valtellina, granting amnesty to the inhabitants . . ib. 1641 Austria makes a treaty with the Grisons .... ib. Thirty Years' War in Germany; its beginning and progress 168, 169 Extraordinary career of Wallenstein . . . . . 1 70 Emperor Ferdinand II. persecutes the Protestants of Germany and Bohemia . . . . . . . .171, 172 Gustavus of Sweden at the head of the Protestants . . .173 Horrors of Magdeburg, battles of Leipzig and Lutzen ; death of Gustavus. The Swedes continue the war . . . .174 Death of Wallenstein . . . . . . , ,175 1648 Peace of Westphalia ........ 2*6. Effects of the Thirty Years' War upon the Swiss . . .176 The treaty of Westphalia, and the Emperor, acknowledge the Swiss Confederation as an independent state in Europe , ib. Disturbances in Switzerland by bands of adventurers . . ib. Complaints of the peasantry of various Cantons . . . 177 1653 Peasant war in Switzerland . . . . . , .178 The forces of the Cantons defeat the insurgents . . .179 1653 Beginning of a new religious war in Switzerland . . . ib. 1656 Battle of Willmergen ; the Luzerners defeat the Bernese . .180 Peace between the Catholics and Protestants .... ib, 1682 French Protestants take refuge in Switzerland, from persecution of Louis XIV. .,,,.,,, ib. 1683 and 1694 The Waldenses from Piedmont do the like fiom the persecution of the Duke of Savoy . . . , .181 1699 Emigrants, aided by the Cantons, settle in Germany . . ib, 1710 Toggenburg, ^upportca by Protestant Cantons, revolts against the Abbot of St. Gall 182 1712 Anew religious war — Siege of Baden — Second battle of Will- mergen - Peace of A ar an ,,...,, ib. 1718 The Abbot of St. Gall recognizes the franchises of Toggenburg 1-83 A long peace follows throughout Switzerland, which lasts tdlthe French Revolution .,,...,, ib. Forms of government existing in Svyitzerland — Bern . ib. Disputes between patricians and burghers .... 184 A new aristocracy formed by the burghers . . . .185 Sovereign council or legislature— senate or executive . • ib. 332 CHRONOLOGICAL INDEX. CHRONOLOGICAL INDEX. 333 A. D. Page Avoycrs and other magistrates . • • • • • ] 86 Bailiwicks of the canton of Bern . . . • • ,187 Exterior state or mock legislature — Finances. . . .188 Militia, clergy, communes, and other departments , • .189 Character of the aristocracy of Bern . , , • .190 Its defects — Is beloved by the country population • . .191 Jealousy of the body of burghers against the councils • .192 1749 Conspiracy of Henzi ........ t6. Freyburg, its aristocracy closer than the Bernese . • . ib. Mode of election . . . . . , . ,193 1781 Conspiracy of Chenaux, Raccaud, and Castellaz . . . ib, 1782 Modifications introduced into the government at the recommen- dation of Bern, Luzern, and Soleure . , . , » ib, SoLEURE, its government ...... 193,194 Government of Luzern , • . . , , .194 Spirit of the aristocratic Cantons ; reflections thereon . . ib. Municipal Cantons, Zurich, Basle, and Schalfhausen . .195 Constitution of Zurich ; its various changes * . . , , ib. Execution of burgomaster Waldmann in 1489 • . . 19G Public spirit of the citizens of Zurich . . • . , ib. Constitution of Basle . . . . • • ■ , ib. Singular mode of choosing professors for the University . , ib. Annual assembly of the whole body of citizens . . . 197 Constitution of Schaffhauskn . . . . , , ib. In all these Cantons the chief town ruled over the country, the rural population having no share in the government . . f^. Administration and pubhc spirit of the ruling towns. , .198 Third class of Cantons, or democracies, namely, the Wald- STATTEX, ZuG, Glarus, and Appenzell ... ib. Their landsgemeinde, or assemblies of the whole male adult popu- lation .......... t6. Distribution of offices ; leading families in each Canton . .199 Allies of the Swiss, the Grisons, their form of government . ib. The Valais ; its constitution, inequality of rights . , , 200 Bishop of SiON— The Abbot of St. Gall ; his territories . ib, Ci7y o/*/S/. Gall independent of tho Abbot . . , , 201 Town of Bienne—Mulhausen in Alsace .... j^. Principality of Neuchatel and Valengin subject to the King of Prussia — its complicated constitution, and prosperity . Republic of Geneva; history of its constitution . , Conspiracies at Geneva, various parties, and^ disturbances- terference of Bern and Zurich, and of France • , Pacification of 1 768 ; fresh disturbances in 1 782 . , The aristocratic party gains the ascendancy • . , Many of the popular party propose to settle in Ireland 1 763 New Geneva ii built for them, but is abandoned • « 201,202 . 203 -In- . ib, . 204 ib, • .205 • ibt A.D. 1 789 Fresh insurrection at Geneva ; the exiles are recalled Bishop of Basle, his territories, is partially allied to some of the Cantons .«.....•. The Abbot of Engklberg— Republic of Gersau . Population of the thirteen Swiss Cantons and their allies. Subjects of the Swiss ; table of them . . • • Their government by bailiflfs . . . . . The Italian bailiwicks subject to the democratic Cantons the worst governed . 1775 Revolt in the Val Levantina against Uri . . . " Nature of federal pact between Cantons of the old Helvetic Confederation ....... No permanent federal body, or central government . The Cantons were not each allied to all the others . • Distinction between the eight old Cantons, and the five junior Cantons ....«..•. General Diets— Ordinary Diets at Frauenfeld Extraordinary Diets— Partial Diets of Roman Catholics or Pro lesianis .«..•*... The Defensional agreed to at Baden in 1668 . • , Militia — Swiss regiments in foreign service • . • Expediency of foreign enlistments discussed . • • Instance of Zug, the family of Zurlauben . . • A civil war at Zug in consequence of these practices • Schumacher's conviction and sentence .... Criminal laws of Switzerland veiy defective . . • Men of science and letters in Switzerland in the XVIIIth cen tury ••••*..•. J. J. Rousseau ....•••• Helvetic society .....••. Comparative happiness of Switzerland in the XVIIIth century PERIOD VI. Peculiar character of the French revolution, and the wars re- sulting from it ..••.••• Revolutionists destroy the independence of the republics and free towns of Europe ....... Jacobins endeavour to corrupt the Swiss regiments . . . (August 10) Massacre of the Swiss guards . . . . 1792 The Swiss resolve to remain neutral . . . . . 1793 The French annex the bishopric of Bale to their republic Threaten Geneva— their principles of international law . Robespierre and the terrorists leave Switzerland in peace . Page 205 206 ib, ib, 207 ib. 208 ib, 209 ib, ib, ib, ib. 210 ib ib, 211 212 I*. 213 ib, ib, 214 I*. ib. 215 216 217 218 219 220 ib, 221 334 CHRONOLOGICAL INDEX. CHRONOLOGICAL INDEX. 335 AD. Insurrection of Geneva encouraged by French agent 1 794 A number of citizens executed at Geneva by the mob 1795 Abuses in Zurich and St. Gall, and consequent disturbances The French Executive Directory pursues a system of annoyance against the Swiss Its views upon Switzerland .,..., The Pays de Vaud furnishes a pretext for interference Retrospect of its constitution under the dukes of Savoy . Laharpe and others demand a meeting of the three estates They petition French Directory Its declaration to Bern and Freyburg . ^ . . Its troops occupy the Erguel and Bienne . . . Mengaud, its agent, demands the expulsion of Mr. Wickham. the English envoy, and of all emigrants and political refugees 1797 General Bonaparte occupies the Valtellina, Chiavenna, and Bormio, and seizes the property of Grison citizens there Revolution in Bale effected by country people General diet at Aarau — Insurrection there . . , A French array enters the Pays de Vaud The Bernese colonel Weiss withdraws his troops Affray at French out- posts construed by them into declaration of war — Hesitation in councils of Bern • . . . The Sovereign Council of Bern invites the country people to send deputies ...•.,., Commission appointed to prepare new constitution . Changes of constitution in several other Cantons . The subject bailiwicks are emancipated by common consent The French take possession of Mulhausen ; and of Geneva Truce between Brune (French) and D'Erlach (Swiss general) Bernese troops dissatisfied with indecision of their government D'Erlach remonstrates with the Great Council (March 1st) French under Schauenburg take Soleure . Brune takes Freyburg— Executive Council resigns Bernese soldiers mutiny, and kill several officers . (March 5th) Brune repulsed by Bernese at Laupen, under Graffenried— Subsequent defeat and mutiny of Bernese armies — D'Erlach murdered The Avoyer Steiger escapes— Fall of the old republic of Bern . Brune seizes the treasury, arsenal, public stores, &c. French tax Freyburg and Bern, occupy Zurich and all northern Switzerland — Resistance in Luzern and the Valais Decree of French Directory that the Helvetic Confederation had ceased to exist, and forming Switzerland into a sin«'le republic, with a central government . . . , , The Grisons decline to join— Carnot's pamphlet— The Wald- stiitten refuse to change their institutions .... Militia of Schwyz defeat Schauenburg Page 221 222 223 224 225 ib. 22G ib, ib. ib. 228 ib, 229 230 231 ib. 232 ib. 233 ib. 234 235 ib. 236 ib. 237 ib. 238 lb. 239 ib. 240 ib. 241 ib. A.D. 1799 1800 1801 1802 1803 1813 1814 1815 French defeated at Morgarten ...*.• (May) Convention frees Schwyz from the French . Schauenburg, with 1 5,000 men, attacks Unterwalden (Sept. 9th) Battle of Stanz, 1500 Unterwalders perish Atrocities of the French ....... Schwyz and Uri submit and are disarmed — Pestalozzi . The Grisons refuse to join the new republic, and call in the Austrians — War between the Emperor of Germany and France — Massena overruns the Grisons — The Waldstiitten revolt . Austrians and Russians occupy Zurich ; enter Schwyz ; ulti- mately abandon Switzerland ...... Devastations committed by the various armies . . Confusion in the internal administration of Switzerland . French treat Ssvitzerland as a conquered country . . . Helvetic Directory suppressed — New project of constitution Peace of Luneville between Austria and France; French eva- cuate Switzerland ........ (October) A Diet assembled at Bern . . . . Confederation of seventeen Cantons is proclaimed, with a central federal government at Bern ..... A third constitution proclaimed and rejected by Cantons . Bonaparte (First Consul) summons deputies from all parts and parties of Switzerland to Paris — his address to them . Conferences at Paris — Bonaparte acts as mediator . . • His remarkable expressions in favour of the forest Cantons His Act of Mediation, constituting Switzerland into a Confe- deration of nineteen Cantons, with separate local governments, and a federal Diet for the whole Switzerland recovers tranquillity, and retains it during his reign Bonaparte annexes the Valais to France .... After the battle of Leipzig, an extraordinary Diet proclaims the neutrality of Switzerland Allied Sovereigns demand a passage for their troops Conferences at Basle between Swiss deputies and Austrian com- mander— 21st Dec. the Austrian troops enter Basle Russia and Austria refuse to acknowledge the Act of Mediation Bern and Freyburg wish to recover subject bailiwicks of Vaud and Aargau .....•••• The deputies of the majority of the Cantons assembled at Zurich proclaim the independence of the nineteen Cantons as then existing— Intervention of allied powers Bern subnuts,"and receives the territory formerly of the Bishop of Basel as a compensation ...... The Valais, Neuchatel, and Geneva, are made three new Cantons (in all 22) . Allied powers, at the Congress of Vienna, acknowledge the in- dependence and perpetual neutrality of Switzerland , Page 242 ib. 243 ib. ib. 244 ib. 245 246 247 ib. 248 ib. 249 ib. ib. 250 251 252 253 254 255 ib. 256 ib. ib, 257 ib. 258 ib. ib. 336 A.D. CHRONOLOGICAL INDEX, (August) Federal Compact of the twenty-two Cantons sworn in the Diet at Zurich, August, 1815 Clauses of the Federal Pact, its advantages . . Cantonal constitutions, modifications made in them in 181*4 The pure democracies of the small Cantons remain untouched .' The old town Cantons admit the countiT people to a share in the legislature . . . . ' The new Cantons formed out of the subject bailiwicks give greater influence to property in the elections Reaction towards an oligarchy in those Cantons CHRONOLOGICAL INDEX. Constitutions of the Cantons of Geneva and Neuchatel Page 259 260 261 262 263 264 A.D. 2C4, 265 N PERIOD VII. General condition of Switzerland from 1815 to 1830 1830 (May and June) Ticino effects a reform in its constitution, agreeably to the popular wish Principles of the reformed constitutions of the Swiss Cantons ! Aargau, Vaud, Thurgau and St. Gall, Luzern. and Schaff hausen follow the example of Ticino In Zurich, the towns return one-third and the country two-thirds of the legislature ' Basel adopts a plan somewhat more in favour of the town electors Rural population revolt ; form provisional government at Liech- s^all In Bern the old patricians give up their influence . Freyburg changes its constitution . . . ,* 1831 (July) Federal Diet— Speech of the President Abstract of the speeches of the deputies of the various Cantons * 279 to Basle divided into two states, Basle town and Basle country "' Civil war in NeuchStel The Commissioner of the King of Prussia, Prince of NeuchateL disperses the insurgents Disturbances in the Canton of Schwyz , [ ' ' , oon ^""^'-'^^^ ^^fy^ '"^ ^'^'''*>'^ ^"^ ^^'^ ^^^^^r P^re deiiiocracies .' 1832 Revision of the federal pact mooted in the Diet, and commission appointed to revise it , , . Forest Cantons. Neuchatel and Basle town, withdraw their de- puties, and form the ♦ League of Sarnen ' . 1833 Report of the commission to the Federal Diet— its reception Old Schwyz occupies by force the outer districts Armed force sent by Basle town against Liechstall is cut to'pieces Federal militia occupies Schwyz and Canton of Basle 267 268 ib. 269 ib. 270 271 ib. 272 ib. 274 275 ib. 276 ib. 277 278 279 ib. ib. 280 ib. League of Sarnen dissolved, the forest" Cantons, Basle town, and afterwards Neuchatel, submit to the Federal Diet Dispute of Bern with the Diet .... The differences of Schwyz are settled . 1834 Polish and other refugees in Switzerland attack Savoy Are repulsed— effects of their outrage . Remonstrances of Austria, Prussia, and Sardinia . Federal Diet at Zurich — Discuss the question of the Refugees — Parties, aristocratic, radical, and moderate . Speech of the deputy of Vaud on the refugee question Question of Neuchatel Neuchatel remains a Canton, and a principality Federal pact discussed , . . . A committee of the Diet appointed to revise it; reports Austria pays the Grisons for their losses in the Valtellina Closing of the Federal Diet of 1834 ; speech of its president 1835 Bern becomes Vorort, or directing Canton Austrian minister's note concerning refugees . . . 1836 French minister's complaints ..... Resolutions of the Vorort to expel the offenders— (July) Diet French minister's demand ...... Address to the Diet from meeting held at Flawyl in St. Gall Disapproved by almost all the Cantons, and rejected by the Diet Resolutions of the Diet concerning refugees and other foreigners Affair of Conseil causes a temporary rupture with France 1838 French demand expulsion of Louis Bonaparte— He quits Swit zerland Closing speech of the President .... Weakness of federal governments on questions with foreign states 337 Page 282 ib. 283 284 285 286 288 289 290 291 ib. 293 ib. ib. 294 ib. 295 296 297 ib. 298 299 300 ib. ib. ib. i:|. ALPHABETICAL INDEX. Aarau, peace of, in 1 712, terminates the wars of religion between the Swiss, 182; diets occasionally held at Aarau, 210, 230; executive directory of the Helvetic republic established there, 24-2, 246. Aargau, a fine province subject to the dukes of Austria, 84 ; is uivaded by the troops of Bern, and the other cantons, and is divided into subject bailiwicks, li.; duke Frederic of Aus- tria gives up his rights over it, 85 ; it becomes independent after the over- throw of the old Swiss Confederation by the French, 240 ; forms one of the new cantons by the Act of Mediation, 253 ; natuie of its constitution, 263 ; changes in 1830, 269. Affiy, d', of Fribourg, first landamman of Switzerland under the Act of Me» diation, 353. Agnes of Hungary, daughte;: of the Emperor Albert, her cruel revenge of her father's death, 49 ; founds the monastery of Kdnigsfelden, and retires thither, ih. ; mediates a truce between Bern and the feudal nobles, 56. Albert, duke of Austria, son of the em- peror Rudolf, his character, 41 ; as- pires to the Imperial crown against Adolphus of Nassau, 42 ; becomes emperor, ib. ; attacks the free town of Bern, and is defeated at Donnerbuhl, ih.] is likewise unsuccessful against Zurich, 43 ; tries to obtain possession of the forest cantons, ib. ; is resisted by the people, 44 ^ sends them two harsh noblemtn as imperial bailiffs, ib.\ being informed of the revolt of the forest cantons, he repairs to Baden to collect his troops, 48 ; is murdered by his nephew John, and other con- spirators, 49. Albert II., duke of Austria, loses the canton of Qlarus, 58 ; his troops are defeated by the ZUrichers and the people of Glarus, 59 ; loses the canton of Zug, ib. ; agrees to a truce, ib. ; lays siege to Zlirich, 60; dies at Vienna, ib. Alemanni, or Allemanni, a nomadic people, invade and devastate Eastern Helvetia, 6 ; are defeated and subju- gated by Clovis, king of the Franks, 7 ; Clovis' successors ajipoint a duke to rule over them, 8; a party of Ale- manni make an irruption into Italy, and are defeated by Narses, 9 ; man- ners of the Alemanni of Helvetia, 12; their laws, 13; Columbanus, Gall, and other monks preach Christianity • among them, tb. Anabaptists, a fanatical sect risen in Germany, 130; they spread into Switzerland, and make proselytes, ib. ; refuse obedience to the laws, and commit many excesses, 131 ; are put down by an armed force, ib. Appenzell, Abten zelle (Abbatis cella), origin of the name, 27 ; a district sub- ject to the abbot of St. Gall, 80 ; the people being oppressed by the abbot's bailiffs revolt, ib. ; they are assisted by Schwytz and Glaris, and defeat the troops of the abbot and his allies, 81 ; they next defeat the Austrians, 82 ; they invade the Tyrol, ib. ; and make the abbot of St. Gall prisoner, 83 ; make peace, their independence being acknowledged, ib. Arbedo, battle of, between the Swiss and the Milanese, 85. Armagnacs, predatory bands, irruption of into Switzerland, 92 ; their battle with the Swiss near Basle, 93 ; they retire, 94. Austria, house of, or of Habsburg, ori- ginary from the Aargau, 34 ; its ex- traordinary fortunes, 36 ; loses gra- dually all its ancestral dominions in Switzerland, 66, 68, 95 ; makes a treaty of alliance with the cantons, 96 ; its last attempt at recovering its former power in Switzerland defeated, 107, 109; its war against France in 1799, extends to Switzerland, 244, 5; and temiinates by the peace of Lune- ville, 248 ; Austrian troops cross Switzerland as friends, to march against Napoleon, 256 ; Austrian minister urges the formation of a new Helvetic confederation, 257, 8, 261. z2 340 ALPHABETICAL INDEX. Baden, in Aargau,is taken by the Ber- nese, 84 ; becomes a subject bailiwick, 85; being occupied by the catholic cantons during the religious war of 1712. is taken by the troops of Bern and Zurich, 182 ; is given up to Zurich and Bern by the peace of Aarau, ib. Baillis, bailiffs, two sorts of, 207 ; governors of districts, in the canton of Bern, their jurisdiction and per- quisites, 187; their character justified, 190; bailiffs sent by the various cantons in turn to administer the sub- ject bailiwicks, absolute and often rapacious, t7>. and 207 ; especially those sent by the forest cantons to the Italian valleys, 208 ; list of subject bailiwicks, 207. Basel, Basle, town of, its original con- stitution, 33 ; is besieged by Rudolf of Habsburg, 36 ; its prospierity and quarrels with the dukes of Austria, 78 ; is attacked by the Armagnacs, 92 ; is received as a canton into the Swiss confederation, 109 ; embraces the doctrines of the reformation, 133 ; nature of its old constitution, 196, 7; is the first canton which adopts the French democratic principles, 229 ; its constitution under the Act of Media- tion^ 253; modified in 1814, 263; new modifications proposed in 1830, 270 ; civil war between the rural dis- tricts and the town of Basle, ib. ; the federal diet interferes and puts down the distnrbances, 275 ; the war breaks out again, and the citizens of Basle are defeated by the peasantry, 280 ; the federal diet sends troops to occupy both town and country, ib. ; the canton of Basle is divided into two indepen- dent states or half cantons, Basle town and Basle country, 283. Basle, bishops of, their quarrel with Bern on account of Bienue, 61 ; their authority within the city of Basle very much circumscribed, and at last obliterated by the imperial franchises, 77; sell the suburb of little Basle to the dukes of Austria, 78 ; greatly ex- tend their dominion over the valleys of the Jura, and are made princes of the German empire, ib. ; the bishop and his clergy finally quit the town of Basle at the time of the reformation, 133 ; and the prince bishop enters into alliance with the catholic cantons, 179 and 206; his territories are in- vaded by the French, 219; and are annexed to France, 220; are given by the allied sovereigns to the canton of Bern, 258, Beda, the good abbot of St. Gall, gives a charter to his subjects, 223. Bellinzona, a town and district on the Italian side of the Alps, taken and lost again by the forest cantons, 85 ; is given up to them by Louis XII. as duke of Milan, 112; is numbered among the subject bailiwicks, 207 ; asserts its independence together with Locarno and Lugano, 234 ; forms part of the new canton of Ticino, 249 ; specimen of its dialect, Appen- ditt, 307. Berthold of Ziiringen, his contest with Frederic of HohenstaufFen, 28 ; is made imperial warden over part of Eastern Helvetia, ib. ; Berthold IV., duke of Ziiringen, is appointed impe- rial warden over Western Helvetia, 29 ; builds the town of Freyburg, 30 ; encloses the towns of Moudon and Berthoud, 31 ; Berthold V., his wise administration, ib. ; founds the city of Bern, 32 ; declines the ofier of the Imperial crown, ib. ; dies, and his fumily becomes extinct with him^ 33. Bern, built by Berthold of ZUringen, 32 ; origin of its name, ib. ; its first constitution and imperial charter granted to it, ib. ; iis importance and quarrels with the neighbouring feudal nobles, 37 ; defeats Albert of Austria, and makes peace with him, ib. ; is at- tacked again by Albert, now emperor, and defeats him at Donnerbuhl, 42 ; reduces into subjection the vassals of Albert, 43 ; league of the nobles against Bern, 54 ; the nobles defeated at Laupen, 53 ; Bern becomes one of the confederate cantons, 59 ; defeats the Guglers, 62 ; assists its neighbours of Soleure, ib, ; its remarkable policy and gradual increase of territory, ib. ; does not send its contingent to Sem- pach, 64 and 67 ; obtains possession of the Oberland, the Enimenthal, and other districts, 66 ; changes in its constitution in favour of aristocracy, 74 ; Bern is nearly destroyed by fiie, ib. ; is rebuilt upon an improved plan, 75 ; the troops of Bern invade the Aargau, the greater part of which re- mains subject to Bern, 84 ; Bern acts a principal part in the war against Charles of Burgundy, 97 — 100; al- lows churchmen to maiy;y, 129 ; con- ference at Bern between the Evange- licals and the Roman Catholics, 131 ; Bern adopts the reformation, 132; temperate measures of the council of Bern, ib. ; edict of reformation issued by them, Appcndijc,^^^ — 10 ; especial ALPHABETICAL INDEX. 341 alliance of Bern with Zurich," and other towns for the defence of the re- formation, 133; Synod of Bern, in which the confession of faith is agreed upon, 142 ; Bernese defeated at Baar by the troops of the Catholic cantons, 145 ; make peace with the latter, e7>. ; alliance of Bern with Geneva, 148; a Bernese army marches to the assist- ance of Geneva, 149 ; treaty of St. Julien with the duke of Savoy, 150 ; the duke having broken the treaty, Bern sends another army, and takes possession of the Pays de Vaud, 151, 2; form of administration given to that country, 153 ; Bern by far the most extensive and popidous canton of Switzerland, 154; Bernese defeated at Willmergen by the troops of Lu- zern, 180; second battle of Willmer- gen won by the Bernese, 182 ; account of the constitution and administration of Bern,183, and following ; its burgher aristocracy, 185; its bailiwicks, 187; external state, 188 ; good qualities of its government, 190, 1 ; its weak side- and civil disturbances, 191, 2; the French directory sends insulting messages to Bern, 227, 8 ; the French seize upon the Pays de Vaud, 231; and afterwards declare war against Bern, 232; hesitation and half mea- sures of the] councils of Bern, 232, 3, 235, 6; French attack upon Bern, 237 ; the Bernese fight bravely, but without accord or confidence, and are defeated with great slaughter, 238 ; fall of the old republic of Bern, 239 ; the French plunder Bern, ib. ; new constitution of Bern by the Act of Mediation, 252, 3 ; modified in 1814, 263 ; radical change in its con- stitution in 1831, 271 ; report of the former administration published, ib. ; the new councils of Bern show them- selves ultra democratic, 282; are checked by the federal diet, 282, 3 ; advocate a general fusion of all Swit- zerland into one state, 291. Beromunster, or simply Munster, a cele- brated monastery in the canton of Luzern, founded by Count Bero, 17. Berthelier, a citizen of Geneva, con- cludes a treaty of alliance between Geneva and Freyburg, 148 ; is arrested and executed by the duke of Savoy, ib. Bienne, Biel in German, a free imperial town under the wardenship of the bishops of Basle, 61 ; allied to the cantons, and a member of the old confederation, 201 ; its constitution, ih. J seized by the French,'^ 227 ; is now included in the canton of Bern with the other districts once de- pendent upon the bishop of Basle, 258. Bonaparte, General, seizes upon Valtel- lina, Chiavenna,and Bormio, annexes them to the Cisalpine republic, 228 ; after becoming first consul of France, he offers his mediation to the Swiss, 249 ; his message to the cantons, 250 ; convokes an assembly of deputies from every canton, and of all parties, ib.', his pithy and sensible speech to them, 251 ; defends the maintenance of the small democracies of the forest cantons, 251, 2; his suggestions con- cerniiig the constitution of the town or aristocratic cantons, 252 ; and of the new cantons or former subjects of the old cantons, ib. ; his reflexions upon the calamities and anarchy which had befallen Switzerland, 253 ; his Act of Mediation is solemnly ac- cepted by all the cantons, and the French troops evacuate Switzerland, ib. ; Bonaparte's mediation in the af- fairs of Switzerland, the most liberal and disinterested act of his political life, 254. Bonnivard, prior of St. Victor at Geneva, preaches in favour of the reformation, 149 ; is seized by the duke of Savoy, and confined in the dungeons of the Castle of Chillon, 150 ; is released by the Bernese after six years' con- finement, 153. Bonstetfen, Charles, a patrician of Bern, his remarks upon the government of his country, 190, Braun, Rudolf, a popular leader at Zurich, effects a cTiange in the govenr- ment, 56 ; becomes burgomaster for life, 57; discovers a conspiracy, and puts to death the chief conspirators, ib. Brune, a French General, his captious conduct towards Bern, 235, 6 ; at- tacks the Bernese at Laupen, and is repulsed, 238; but his colleague Schauenburg having defeated the other division of the Bernese, Bern is obliged to surrender, ih. ; Brune seizes upon the treasury, the arsenal, stores, and other public jiroperty, 329 ; he is then promoted to the command of the army of Italy, 330. Brunehaut, Regent of Burgundy, an imprincipled woman, makes Protadius governor of the province of Scodingen, in Western Helvetia, 10; Protadius attempts to depress the nobles, and is killed, ib, ; Brunehaut takes refuge in 342 ALPHABETICAL INDEX. the castle of Orbe, but is delivered inta the hands of her enemv Clotarius, who sentent-fs her to a cruel death, 11. Bubenberg, au autient Bernese family, Cunu of Bubenberg, encloses Bern by order of the duke of ZUringen, 32 ; John von Bubenberg, Avoyer of Bern, bravely defends Laupen against the nobles, 55 ; is banished with all his family by a sentence of the popular assembly, but is recalled after fourteen years, and dies in his native city, 74 ; Afhian von Bubenberg bravely de- fends Morat against Charles of Bur- gundy, 99. BuUinger, a friend of Zwingli, and rector of Bremgarten, opposes the sale of the indulgences, 126; preaches the reformation, 127 ; together with other reformers, frames the Helvetic confession of faith. Appendix, 310. Burgundiaus, a Teutonic people, cross the Rhine, and settle in Western Hel- vetia, 2 ; they extend their dominion ■west of the Jura, as far as the Saone, ib. ; less rude than other northern tribes, they apply themselves to agri- culture, ib. ; their partition of the land with the conquered people, 3; their institutions, ib. ; their king Gun- dioch, a Visigoth chief, 2 and 3 ; di- vision of the kingdom between his foursons,3; Gundobald,one of them, having killed two of his brothers, seizes upon their territories, 4 ; orders a revision and compilation of the laws of the Burgundians, ib. ; spirit of those laws, 5 ; Gundobald is siic- ceeded by his son Sigismund, ib. ; discipline of the Burgundian clergy, 6 ; Sigismund is attacked by the Franks, defeated and put to death, 7 ; his brother Gondemar continues to fight against the Franks ior eight years, but is at last defeated, ib.; end of the kingdom of Burguncly, which is annexed to the Frankish monarchy, 8 ; Eurguneror of Germany, 20. Peasant war in Switzerland, 178 ; put down, 179. Pestalozzi, origin of his institution, 244; its progress, 255. Planta, a powerful family "of the Gri- sons, 159; favour the Catholic or Spanish party, 161 ; are banished, 160; Rudolf Planta joins the Aus- trians, who invade Engadin, 163 ; his brother Pompey is killed by Colonel Jenatsch, 1G4 ; Rudolph is suspected of having avenged his death by the munler of Jenatsch, 167. Poj)ulatiou of the old Swiss confedera- tion and its allies, 206 ; of the subject bailiwicks, 207 ; actual population. Introduction. Radbod, Count of Altcnburg, builds the castle of Habsburg, 22, Rapinat, French commissioner in Swit- zerland, 242 ; his rapacity, 246. Rapperschwyl, town of, is lost by Aus- tria, places itself under the protection of the forest cantons, 95. Rauracia, ephemeral republic of, 220. Reding, Ital, a warrior of Schwytz, his ferocity, 92. Reding, Aloys, repels the French at Rothenthurm, 241. Reformation, see Zwingli ; edict of reformation issued by Bern, 132, and Appendix, 309. Refugees, religious, harboured and as- sisted by the Swiss, 180, 1. Refugees, political, their strange notions of international law, 284 ; debates in the Diet concerning them, 288, 9, 294,5; resolutions of the Diet on their sxibject, 299. Religion, war of, in Switzerland, 143 ; ditto in Valtellina, 161 ; second war of religion in Switzerland, 179,80; third and last war of reliy:ion, 182.* Revolution, see French Revolution. Revolution of July 1830, French, deter- mines the revolution in most Swiss cantons, 269. Rhajtia under Theodoric, 7 ; its emanci- pation from the feudal lords, 87; takes the name of Grisons, 88. Robespierre and Terrorists do not meddle with Switzerland, 221. Robustelli, leader of the Catholics of Valtellina, appointed president, 163. Romansch, or Rumonsch, language, Ap- pendix, 305 ; specimens of, 307, 8. Rudolf I., of Burgundy, rules Western Helvetia, 19. Rudolf II., his unsuccessful expedition into Italy, 20. Rudolf III., a weak prince, 25; gives up his kingdo;n to the Emperor Henry II., ib. Rudolf of Habsburg, his greatness, 35 ; is elected emperor, 36 ; favours the towns of Helvetia, ib. ; his death, 42. Rudolf, Duke of Austria, son of Albert II., a mild prince, makes peace with the Swiss, 60. Rusca, archpriest of Sondrio, arrested by the Grisons, 160; is put to the tor- ture and dies, 61. Russian army in Switzerland, 245 ; oc- cupies Zurich and is driven away, ib. See Suwarrow. Russian envoy to the Swiss Diet, his official note, 256 ; his conferences with the deputies of several cantons, 261. Salis, a powerful family of the Grisons, their rivalry with the Plantas, 159; Rudolf de Salis, general of the patriots against the Austrians, 165. Sardinia, court of, its interference with the internal party feuds at Geneva, 204 ; its remonstrances to the Swiss Diet concerning the refugees, 286. Sarnen, league of, in opposition to the majority of the cantons, 279; is dis- solved, 281. Savoy, house of, its dominions in West- ern Helvetia, 33 ; makes peace with the Swiss and recovers the Pays de Vaud, 99; origin of its greatness, 146, 7 ; its connexion with Geneva, 147-; quarrels with Bern, 148; loses the Pays de Vaud, 152 ; makes peace with Bern and Geneva, 157. Schaff'hausen, origin of its name, 13 ; becomes a free town, 33 ; is received as a canton into the confederation, 109; adopts the reformation, 133; its constitution, 197. Schauenburg, French general, attacks and defeats the BerneSe, 238 ; remains :. in command in Switzerland after Brune's departure, 240 ; marches against Schwytz, and is repulsed, 241 ; r^ makes a convention with Aloys Reding, 242; invades Unterwalden, 243; his pithy dispatch to the di- rectory, ib, Schinner, Cardinal, Bishop of Sion, his intrigues with the cantons, 119. Schumacher, a magistrate of Zug, his condemnation, 213. Schwytz, canton of, its disputes with the Abbot of Einsiedlen, 40 ; the most fertile and populous of the three Wald- statten, 50; gives its name to Tthe ■ rest, and by degrees to the whole con- federation, 51 (jiote) ; submits to the decision of the other cantons con- cerning Zug, 71 ; form of its govern- ment, see JValdstdtten, Schwytz resists the French and makes an honourable truce, 242 ; is obliged to submit at last, 244 ; rises again supported by the Austrians, 245; disturbances between old and new Schwytz, 276 ; political feeling of the people, 277 ; rise in arras, 279 ; the canton is occupied by the federal troops, 280 ; its differences settled, 283 ; pays an indemnity to the fede- ral treasury, 293. Sempach, battle of, 63. Sempacher Brief, or regulations of mili- tary discipline, 65. Sigismund, son and successor of Gon- debald,,King of the Burgundians, 5 ; is seized and put to death by the Franks, 8. Sigismund, Emperor, invites the Swiss to invade the domains of the house of Austria, 83. Simmenthal, district of, purchased by Bern, 66. Sion, head town of the Valais, bishop of, 29 ; his political rights, 200. Socii, or associates of the Swiss cantons, distinction between them and the con- federate or allied states, 110 — 201 Qwtc.^ Soleure, Solothurn, imperial town, 33 ; old ally of Bern, ib. ; its quarrels with the Counts of Kyburg, 62 — 76 ; is admitted as one of the cantons, 1 04 ; drives away its reformed citizens, 134 ; its form of government, 193.4; taken by the French, 237. Spoon, Knights of the, 149. Stanz in Unterwalden, congress of, 103 ; convention of, becomes the rule in federal matters, 104 ; battle of Stanz, 243 ; Stanz and Stanzstadt burnt by the French, ib. ; monument of it iu the churchyard, ib. Stauffacher, Werner, of Schwytz, one of the three founders of Swiss liberty, 45. Steiger, last avoyer of the old republic of Bern, joins the camp of General Erlach, 238 ; after the battle retiics into the forest cantons, 239. StUssi, burgomaster of Zurich, concludes an alliance with Austria, 91 : is killed in fight, 92. Suabia, war of, the last which the Swiss sustained for their independence, 109. Subjects of the Swiss, see Baiiiuivks, a5o ALPHABETICAL INDEX. ALPHABETICAL INDEX. 351 Suwarrow, Russian general, crosses the St. Gothard from Italy into Switzer- land, 24a ; 18 obliijed to retire by night through the Alps of Glaris, ib. Swedes, their wars in Germany, 173 — 5. Swiss, origin of the name, 51 (note), see Cantons. The Swiss enlist in foreign service, 105 ; their wars in Italy, 112 ; they conquer the duchy of Milan over the French and restore it to the Duke Sforza, 113; fight against one another at La Bicocca, 119 ; Swiss regiments in foreign service, 211 ; question dis- cussed, 212 ; Swiss regiments in France, their conduct at the revolu- tion, 217,8. Switzerland, its independence as a state • acknowledged by the Emperor Maxi- milian, 109 ; st»lemnly recognized bv the peace of Westphalia. 17(); ac- kuowlea<»ed again by Bonaparte, 253 ; its perpetual neutrality proclaimed at the congress of Vienna, 258 ; general condition of Switzerland under the new federal pact, 267. TelLj William, history of, 46, 7 ; doubts concerning its truth, 47 (note.) Ten jurisdictions, 79 ; and league of, 90. Theodoric, King of Italy and of Rhwtia, ITiirty years' war, its beginning, 168; its progress, 167 — 75 : the Swiss escape being involved in it, 176 ; moral and political effects of this long war upon the Swiss, 176, 7. Thurgau,' or district of the Thur, con- quered by the Swiss upon Austria, 95 ; becomes a bailiwick subject to the eight old cantons, ib, and 207 ; be- comes independent, 234 ; is one of the new cantons under the Act of Mediation, 253 ; principle of its con- stitution, 263 ; change in 1831 effected quietly, 269. Ticino, canton of, formed of the four subject bailiwicks Lugano, Locarno, Bellinzona, and Val Levantina, 234 ; changes its constitution, 268. Toggeuburg, county of, 34; death of last count, 90 ; war for his succession between Zurich and the cantons, 91 ; is adjudged to the Count of Raron, who cedes it to the Abbot of St. Gall, 94 ; rises against the Abbot, 182 ; its franchises recognized by the Abbot, 183. Unterwai.den, one of the three forest cantons, 40 ; revolts against the im- ;. perial baihff, 47 ; divided into two distinct states or half cantons, Obwal- den and Nidwalden, 199 ; heroic re- sistance and slaughter of the Nid- walders, 243 ; their villages burnt, ih, Uri, another of the three forest cantons, 40 ; revolts against the imperial bailiff, 48 ; honourably refuses to break its truce with Austria, 84 ; takes possession of the Val Levantina, 85 ; re-conquers it upon the insur- gents, 208. Valais colonized by Burgundians, 29; its lawless barons, i^. ; revolts against the Lord of Raron, 86 ; becomes ally of the Swiss, 111 ; its constitution, 200 ; is ravaged by the French, 240 ; is annexed by Napoleon to his em- pire, 255 ; becomes one of the new Swiss cantons, 258. Valtelliua, religious disturbances in, 159; its revolt against the Grisons, and massacre of the Protestants, 161 ; assisted by Spain and Austria, 162; is restored to the Grisons, 167; is seized by Bonaparte and annexed to the Cisalpine republic, 228. Vaud, Pays de, invaded by the Swiss, because its nobles had taken the part of Charles of Burgundy, 97 ; is re- stored to the House of Savoy, 99 ; invaded by Bern and Freyburg, 152; Bernese administration, 153 ; fur- nished a pretext to the French for entering Switzerland, 225 ; retrospect of its history, 226 ; is occupied by the French troops, 231 ; forms one of the new cantons under the Act of Media- tion, 253 ; maintains its independence against the pretensions of Bern, 257 ; character of its constitution, 263; changes in 1830, 1, 269. Vienna, Congress of, acknowledges the independence of Switzerland, 258. Vorort, or Federal Directory, its replies to the foreign ministers, 286 — 94. Waldenses, persecuted for their religion by the Duke of Savoy, take shelter in Switzerland, 181. WaldstUtten, or Forest Cantons, their first inhabitants, 39 ; their early in- dependence, 40 J acknowledgment of their freedom by the emperors, 41 ; refuse to place themselves under the allegiance of Austria, 43 ; revolt against the ^ imperial bailiffs, 48; refuse to give shelter to the murderers of the Emperor Albert, 49; form a federal pact amongst themselves, 52 ; remain attached to the Roman Ca- tholic faith, 135; their form of government, 198, 9 ; refuse to join the Helvetic republic, 241,2; are sub- jugated by the French, 244; their separate independence warmly sup- ported by Bonaparte, 251,2; their political feelings, 277 ; they submit to the Federal Diet, 281. Waldmann, burgomaster of Zurich, exe- cuted, 196. Wallenstein, his character, 1 70 ; his death, 175. Weiss, Colonel, opposes no resistance to the French invader)*, 231. Wenceslas, Emperor, favours the eman- cipation of the Swiss, 73. Westphalia, peiice of, recognizes the indepi^ndence of the Swiss as a nation, 176. Wickham, English minister to the Diet, withdraws from Switzerland, 228. Willmergen, first battle of, won by the Catholics, 180 ; second battle of, won by the Protestants, 182. Winkelried, Arnold von, of Unterwal- dcn, his heroic death at Sempach, 64. Winteithur, the last possession of the House of Austria in Helvetia, mort- giged by Duke Sigismund to Zurich, 98. Zaringen, see BeHhohl of Zih^ingcn. Zschokke, his account of the state of Switzerland under the French, 246. Zug, town of, is lost to Austria, and becomes one of the Swiss cantons, 59 ; dispute between the town and the rural population, 69; decided by the confederates, 71 ; civil dissensions at Zug relative to foreign enlistment, 2 12. Ziiiich, an imperial town, early prospe- rity of, 23 ; change in its government, 56 ; conspiracy defeated, 57 ; enters the confederation as the first canton in rank, 58; is attacked by the Aus- trians and repels them, 59 ; besieged by the Emperor Charles IV., who is obliged to raise the siege, 60 ; Zurich extends its territory, 66 — 9 ; war of Zurich against the other cantons on account of Toggenburg, 90, 1 ; siege of Zurich by the confederates, 92; make peace, 94; Zurich adopts the reformation, 128 ; makes war against Catholic cantons, 136 — 43 ; contracts an alliance with Geneva, 158; sketch of its constitution, 195; its public spirit, 196; disturbances in the rural districts, 223 ; is occupied by the French, 240 ; battle of Zurich between French and Russians, 245 ; Zurich takes the lead in framing a new fede- ral pact in 1814, 256; its new consti- tution, 202; changes in 1831, 209; its moderate tone in the Diet, 288. Zwingli, Uliich, his early life, 124; opposes the sale of indulgences at Einsiedlen, ih. ; preaches against the practice, 125 ; questions the supre- macy assumed by^ Rome in matters of faith, 127 ; is accused of impiety and sedition — ^\vrites his apology, ib. ; is protected by the council of Zurich, 128 ; repairs to the conference held at Baden, 129; attends the great theo- logical conference at Bern, 131 ; Zwingirs opinions concerning the Eucharist, 133 ; he meets Luther at Marburg, tb. ; Zwingli's followers styled Evangelicals, ib. ; Zwingli ])ublishes his Confession of Faith, 141; is ordered to attend the 'troops of Zurich in the field as chaplain, 1 43 ; is killed at the battle of Cappel, 144; indignities done to his remains by the Catholics, ib. ; Zwingli's cha- racter and works, ib. THE END. LONDON: PBINTKD BY W, CLOWKS AND SONS, STAMFORD STREET, LAMBETH. rt ■f f I h % 3 J i 51 o <^ o jt: •--1 L.J s ^ >— fs. 1— « o 2 o 00 a > t^ vX. ^r u I-J • h- ON r- 00 t ^o ^-i« a> > X ^^7oyffv i! COLUMBIA UN VERS TY 0032k0081 WAV 2 6 ?932 i , t- j.-4Sv i'^ki^ 'C%rmrJ^^^i>k.s