Eike Hinz the Political Anthropology of Inner Switzerland in the 13Th And
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Eike Hinz The Political Anthropology of Inner Switzerland in the 13th and 14th Centuries The Struggle for Freedom and Mutuality LETTERS OF FREEDOM Imperial Freedom Local jurisdiction only [ for: Cantonal Assembly in exchange for LOYALTY] Schwyz MS 1294 FEDERAL Strong FC 1291 & 1351 CHARTERS (FC) Reciprocity Unity of territory Military defense Self- Community Alliance organization composition formation Cantonal [Confederates / [Confederation] Assembly Canton] Taxes & services Safety of the St. Gotthard route [ for: The Empire (and Inner Switzerland)] DIAGRAM:CAUSALITY AND FUNCTIONAL EFFECTS “Letters of Freedom” (double arrow towards the center; cf Ch 1.5; 2) are issued by the King or the Emperor in exchange for the loyalty of the Cantonal Assemblies (cf Ch 31.1). They are considered to be the antecedent condition of, or rather the constitutional context for goals and actions of the Cantonal Assembly. Such goals and actions make up the functional effects of the Cantonal Assembly (arrows away from the center) and are interpreted as tasks and their resolution (cf Ch 19; 20). The self-organizing principle of strong reciprocity governs (1) the relations between the Empire and the Cantonal Assembly [imperial freedom for the Cantonal Assembly in exchange for loyalty and taxes and services for the Empire (benefitting also In- ner Switzerland, e.g. trade)] as well as (2) among the citizens within the Canton or Communi- ty (community composition) (cf Ch 17; 22) and (3) the different Cantonal Assemblies within the Confederation (alliance formation) (cf Ch 8ff). The Cantonal Assembly and the alliance are formed on the basis of swearing-in the total adult male population (that swear loyalty to the King and the Empire). In general, strong reciprocity is a principle of fairness (justice, mu- tuality or even loyalty), membership (social inclusion), participation and can govern the pro- cesses of social exchange, institutionalization, complexation or even universalization (cf Ch 31.2).— CA = Cantonal Assembly. FC = Federal Charter(s), constituting the alliance. Schwyz MS 1294 = Land Tenure Rights adopted by the CA of Schwyz in 1294 (see Ch 22.1). Eike Hinz The Political Anthropology of Inner Switzerland in the 13th and 14th Centuries The Struggle for Freedom and Mutuality Cantonal Assembly, Federal Charters and Letters of Freedom PATTAYA 2017 Eike Hinz The Political Anthropology of Inner Switzerland in the 13th and 14th Centuries. The Struggle for Freedom and Mutuality. Cantonal Assembly, Federal Charters and Letters of Freedom. Pattaya 2017 DOI: 10.13140/RG.2.2.33709.08169 Herstellung: Online-Druck.biz © Dr. Eike Hinz 2017 PREFACE / VIII SHORT ORIENTATION / IX ABBREVIATIONS /NOTE ON QUOTING SOURCES /LIST OF DATA,TABLES AND FIGURES /X INTRODUCTORY CHAPTERS / 1 A. Explication of some basic political structures / 1 B. Overview: The Struggle for Freedom and Mutuality – Cantonal Assembly, Federal Charters and Letters of Freedom / 3 C. Controversial interpretations and the development of the scope of investigation / 8 CORE CHAPTERS /15 PART I: THE LETTER OF FREEDOM (1240) / 15 1. Letters of Freedom for Sarnen (Unterwalden) and Uri by Emperor Friedrich II von Staufen (1240) proven by pro-Habsburgian documents. / 15 1.1 Decree by Pope Innocent IV concerning ‘the people of the localities of Schwyz and Sarnen’ of 1247: A Letter of Freedom for Sarnen/Unterwalden (1240) is probable. / 15 1.2 In a trial between Engelberg and Uri in 1275 both legal parties were proven to be in possession of privileges of freedom by Emperor Friedrich II and King Rudolf I: A Letter of Freedom for Uri of 1240 is probable. / 25 1.3 Comparison of the data sets. / 29 1.4 Who tore documents apart (or destroyed them)? On King Ludwig’s Confirmations of 1316. / 31 1.5 Letter of Freedom for Schwyz (1240). / 34 2. Confirmation of Freedoms, Rights, Privileges for Unterwalden by King Heinrich VII [1309, Konstanz]. / 36 3. The archival situation in Unterwalden and Uri. / 38 PART II: THE STRUGGLE FOR LOCAL JURISDICTION / 43 4. People from Schwyz can only be accused before King Rudolf I, his sons or the judge of the valley of Schwyz [Before 1282]. / 43 5. Legal privilege by King Rudolf I for Unterwalden (Schwyz, Uri): Free people cannot be cited before unfree judges. / 44 6. Federal Charter of 1291 August 1, §20 [Uri, Schwyz, Unterwalden]. / 48 7. Local jurisdiction. / 49 7.1 Concession of local jurisdiction by King Heinrich VII in 1309 (Unterwalden). /49 7.2 Conditioned oath of the countrymen on Count Johann von Ahrberg in representa- tion of King Ludwig (1323) / 51 7.3 Based on the decision of the Imperial Court of Justice, King Ludwig decrees all estates and bondsmen of the Dukes of Habsburg in Waldstätten as being directly under the Empire (1316) / 52 7.4 King Ludwig reconfirms the Imperial Freedom of 1316: All bondsmen in Wald- stätten free and protected under the Imperial Court of Justice. Confiscation of all Habsburgian estates (1324) / 54 7.5 King Vaclav confirms the right for the people of Uri to elect the Chairman of the Cantonal Assembly of Uri and to exert the death penalty (1389). / 55 V PART III: THE CONCEPT OF SOVEREIGNTY AND RULE: THE FEDERAL CHARTER OF 1315 / 58 8. The Federal Charter of 1315: Text and translation. / 58 9. The Federal Charter of 1315: Introductory note. /61 9.1 Value orientation. /61 9.2 Mutual oath sworn to help and to advise: Alliance formation. / 62 9.3 Legal regulations. / 63 9.4 Permanency of the constitution. / 65 10. The concept of sovereignty and rule (§§10-16). / 65 10.1 The recognition of a lord or a rule requires the agreement of the others. / 65 10.2 The recognition of legitimate rule or of a legitimate lord is conditioned. / 66 10.3 Violent and unjust rule. / 67 10.4 General agreement from all the cantons and confederates is necessary if giving an oath to a foreigner or outsider. / 68 10.5 Permission is necessary to start negotiations with foreign lords or rulers. / 68 10.6 The implicit concept of legitimate rule analyzed. / 69 10.7 Treason or violation of the constitution. / 69 10.8 Regulation for accepting judges. /70 10.9 The peculiarities of Swiss political development. /70 PART IV: COMPOSITION OF THE CANTONAL ASSEMBLIES IN UNTERWALDEN,SCHWYZ,URI / 72 11. Who belongs to the community and to the community assembly of the Valley of Unterwalden in 1350? / 72 12. A document (1261) directed to the Cantonal Assembly of Nidwalden concerning fishing rights. / 74 13. The Cantonal Assemblies of Sarnen (Unterwalden) and Schwyz in 1247. / 74 14. A comparison of the addresses: Letters of Prohibition (1234 and 1299) and the Model Letter of Privileges for Schwyz (before 1282). / 75 15. The composition of the Cantonal Assembly and the periodicity of swearing-in its members according to the Federal Charter of 1351 with Zurich. / 76 16. The integration of different social strata within the Cantonal Assembly. / 78 17. Population segments and the Cantonal Assembly: Quantors. Componential Analyses. /80 PART V: FUNCTIONS OF THE CANTONAL ASSEMBLY / 86 18. Social primitives ordering political-social relationships and the formation of social organizations. / 86 19. Dimensions of self-organization of the Cantonal Assembly. /91 19.1 Notes on the legal or political institutions in Schwyz. /93 20. Register of chronologically ordered decrees of the Cantonal Assembly of Schwyz 1282-1397. / 94 21. Swearing-in according to the ‘White Book of Sarnen’ (1470). / 96 22. Land tenure rights. / 98 22.1 Decision of the Cantonal Assembly of Schwyz 1294: Prohibition to sell land to foreigners. Prohibition to donate land to monasteries. Inheriting land among marital couples becomes restrained. Taxation laws. / 98 VI 22.2 Abolition of feudal tenure by the Cantonal Assembly of Schwyz in 1389: Taxation of rent on land. Prohibition to buy property that yields continuous rent. Prohibition to accept or give feudal tenure. Prescription to sell real property owned by foreigners. Prohibition for foreigners to accept real property as inheritance. / 101 23. Punitive stipulations concerning physical and psychological aggression. / 105 24. Ecological norms of the Cantonal Assembly. / 107 24.1 Usufruct of common marches. / 107 24.2 Cutting and collecting wood. / 108 PART VI: THE SOURCES CRITICALLY ASSESSED / 112 25. Tabular overview: Transmission of Letters of Freedom. / 112 26. ‘Originals’ (as confirmed and optimized versions) and ‘imitations post factum’ (analog copies). / 114 27. On the systematics of confirmations of Letters of Freedom by the individual kings. / 114 28. Advancing empirical support in solving a puzzle vs. advancing a rhetorical plea or allegation. / 116 PART VII: STRUCTURAL CONTEXTS AND EXPLANATORY MECHANISMS / 129 29. Structural contexts: The operational and developmental framework of the Cantonal Assembly. / 129 29.1 The (political) relationship between the land and the empire as constituting the framework of the Swiss program. / 129 29.2 Political system levels and social strata. / 129 29.3 Political (sub)systems. / 131 30. ‘Paradigms’ or ‘interpretative constructs’. / 133 31. The Cantonal Assembly: Hypotheses and parameters. / 134 31.1 Membership. Sociological hypotheses. System parameters. / 134 31.2 Cantonal Assembly: Strong reciprocity and subjective utility. [Definitions / Conjectures on the bio- and socio-evolutionary basis of reciprocity.] / 139 32. Explanatory mechanisms relating event and theory. / 144 32.1 On the relationship of micro- and macrolevels in explanation: Boudon-Coleman Diagrams. / 144 32.2 Political programs as explanatory schemes under which to subsume single events. / 145 32.2.1 A mechanismic explanation of Austrian political action / 147 32.3 Explanation in terms of internal and external motors of Swiss historical development. / 147 33. Political self-organization and the emergence of the state. / 148 34. Addendum: The philosophical substance of the Federal Charters / 150 34.1 Towards a protophilosophy of law. / 151 34.2 On political protophilosophy. / 152 34.3 Towards a protophilosophy of the social.