40 The Swiss and Their Neighbours, 1460–1560
the renewal of the Perpetual Accord, even though this overture was signed by only
four out of the X cantons.208 Nevertheless, that vision was to be realized and
reinforced by the conclusion of the Hereditary Agreement of 1511, which
remained the cornerstone of Austrian–Helvetic relations until 1806.209 Bettina
Braun believes that this easing of tension was only possible because the Treaty of
Basel declared the Rhine to be a legally recognized frontier.210 In fact, the treaty
contained no such provision; the emergence of a frontier, mentally or geograph-
ically, remains highly controversial in Swiss historiography, and will be considered
in the conclusion to this chapter.
At a local level, by contrast, the Treaty of Basel brought no immediate end to
long-running conflicts. Under its terms Konstanz was indeed required to surren-
der the territorial court (Landgericht) to all X cantons, though both the abbot of
St Gallen and the bishop of Konstanz were granted certain exemptions.211 During
the negotiations beforehand, however, the cantons had not displayed a united
front: Obwalden declared itself indifferent over the issue of the Landgericht. 212
Once the X cantons had taken control of the territorial court, Bern, Fribourg, and
Solothurn naturally demanded that they now be allowed to share in the adminis-
tration of the territorial bailiwick of the Thurgau alongside the VII cantons; their
plea was echoed by Schaffhausen, even though it did not become a full member
until 1501.213 These requests were persistently refused by the VII cantons.214
Since the latter argued that the territorial bailiff should also take charge of the
territorial court (now removed to Frauenfeld),215 the outcome was a perfect recipe
for legal chaos. Already Bern, Fribourg, and Solothurn were so aggrieved that they
sought to have the matter laid before the imperial diet at Augsburg in early
1500216—a telling sign that the Swiss still regarded themselves as part of the
Empire as a juridical entity.
208 Niederhäuser and Sennhauser, ‘Kaiser Maximilian’, 95; Bettina Braun, Die Eidgenossen, das
Reich und das politische System Karls V. (Schriften zur Verfassungsgeschichte, 53) (Berlin, 1997), 207,
- The four cantons were Zürich, Bern, Uri, and Unterwalden.
209 Carl, ‘Eidgenossen und Schwäbischer Bund’, 236; Heinig, ‘Friedrich’, 292. In the Holy League
of 1511 the Confederation found itself in alliance with the emperor against France.
210 Braun, ‘Habsburger und Eidgenossen’, 129. The treaty was couched (as one would expect)
entirely in terms of jurisdictions and rights of lordship; there was no mention of frontiers.
211 Giger, ‘Gerichtsherren’, 17. 212 Dikenmann, ‘Stellung’, 120.
213 EA III, 1, 641–4 (no. 667: a) (1499); 644–6 (no. 668: g) (1499); 652–8 (no. 672: aa; qq)
(1499). Similar requests were advanced by the abbot and city of St Gallen, and by Appenzell! EA III,
1, 644–6 (no. 668: g; l) (1499); Meyer, ‘Thurgau’, 105.
214 EA III, 2, 1–3 (no. 1: hh; ii) (1500); Meyer, ‘Durchsetzung’, 152.
215 Bern, Fribourg, and Solothurn naturally wished to keep the offices separate. EA III, 1, 641–4
(no. 667: q) (1499); 644–6 (no. 668: r) (1499); EA III, 2, 1–3 (no. 1: uu) (1500).
216 EA III, 1, 652–8 (no. 672: n) (1499); StAKN, Ratsbuch I, 20, p. 159, 9 Dec. 1499; EA III, 1,
652–8 (no. 672: qq) (1499). The three cities also invoked the Compact of Stans, though it is unclear
whether its last provision, that all persons, places, castles, rents, or customs dues conquered or obtained
in war should be shared equally among all cantons, applied to the circumstances of the Thurgau. EA,
III, 1, 698: Appendix 12. It certainly did not prevent subsequent friction, as in 1511. EA III, 2, 576–7
(no. 411: k).