Murten, Switzerland – November 20, 1243. That’s the date two cities—Freiburg and Bern—forged an alliance that historians now recognize as the oldest preserved federal letter in Switzerland, and a crucial first step toward the nation’s formation. It wasn’t a grand declaration of independence, but a pragmatic agreement born from a shifting political landscape, and it still resonates today.
A Pact Forged in Uncertainty
This 1243 agreement laid the groundwork for centuries of Swiss confederation.
- The treaty aimed to protect the rights of citizens and their property, particularly their independence from powerful overlords.
- It established a framework for peaceful coexistence and conflict resolution between the two cities.
- The alliance was a direct response to a power struggle between Emperor Friedrich II and the Counts of Kyburg.
- The original document, a “chirograph,” is still preserved in the State Archives of the Canton of Bern.
The agreement, penned on November 20, 1243, in Murten, wasn’t entirely new. According to chronicler Konrad Justinger, it was a renewal of an earlier pact initiated by Duke Berchtold of Zähringen, who, before his death in 1218, urged Freiburg and Bern to maintain a “brotherly friendship.” Whether that initial agreement was written down remains unknown; it may have been a verbal understanding.
The primary purpose of the 1243 covenant was threefold: safeguarding the rights and possessions of city citizens—especially their imperial immediacy, or freedom from external rulers; ensuring peace; and establishing rules of conduct should war break out between their respective lords. At the time, Bern aligned with Kaiser Friedrich II, while Freiburg supported Counts Hartmann the Elder and Hartmann the Younger of Kyburg. The looming conflict between the emperor and the Kyburgs necessitated a clear understanding between the cities, outlining their behavior should their masters clash.
The First Swiss Confederation
This alliance between Bern and Freiburg stands as the earliest reliably documented urban alliance within Switzerland, and one of the oldest in Western Germany. It represents the beginning of the “western confederation,” which developed alongside the later “Eastern Confederation” in the Waldstätten region, eventually merging in 1353 with Bern’s accession to the Eight Ancient Places.
The Federal Letter outlined eight key principles:
- Mutual Assistance: Both cities pledged to support each other with advice and action in defending their rights and possessions.
- Mediation & Limited Support: In disputes between a city lord and a city, the other city would first attempt mediation. If unsuccessful, it could assist its own lord, but only after a 14-day notice period and without initiating hostilities during that time. Any resulting damage would be compensated.
- Alliance Restrictions: Neither city could accept a new lord or form an alliance without the other’s consent.
- Arbitration: Disputes between the cities were to be resolved through legal channels or arbitration, not self-help.
- Seizure Prohibition: Unauthorized seizure of property was forbidden; legal action was required first.
- Equal Citizenship: Citizens of both cities enjoyed equal rights, though they remained subject to customs duties and fines.
- Joint Prosecution: Serious crimes were to be prosecuted by the city closest to the scene, with the other offering assistance if needed.
- Renewal: New citizens were required to reaffirm the covenant every ten years under oath.
The contract explicitly declared its “eternal validity,” though it included the ten-year renewal clause for new citizens.
A Lasting Document
The federal letter was created as a “chirograph”—a duplicate document written on a single parchment sheet. The Latin text was written twice, head-to-head, with a prayer or saying in between that was cut away when the parchment was divided. Each city received one half. The Bernese copy survives, while the Freiburg copy has been lost, leaving only the word “AMEN” legible on its fragment.
Both city seals, attached with woven ribbons, remain recognizable despite some damage. The original document is currently housed in the State Archives of the Canton of Bern (F. II. 241, No. 229).
