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cccUTiatlical pofrtillons. At the fame period tlie whole can- 

 ton followed the example of the capitr.l ; and the reformed 

 religion was permraiently eftabiilhed. This cnnton was di- 

 vided into two' great portions ; the Pays de \'aud, and the 

 German dilfrid. The Pays de Vaud liaviug been conquered 

 from the houfe of Savoy, and the Genran diftrid from the 

 States of the Empire, jnftice was adminillcred, and taxes 

 regulated in each by peculiar laws and cuftoms. Each of 

 thefe divifions had its ircafurer and chamber of appe?.! rtfi- 

 dent in the capital ; the chamber of appeal belonging to the 

 Pays de Vaud judged in the laft rcfort ; but the inhabitants 

 of the Gerraan diilricl were allowed to appeal to the fove- 

 leign council. 



The fovercign power of this canton refided in the great 

 council of two himdred, which, when complete, confiiled of 

 299 members chofen from the citizens, from whom they were 

 confidered as derivi:!g their power, and as afiing by depu- 

 tation. The authority with which they were inveftcd, was 

 in fome refpefls the moll uncontrouled of any among the 

 ariftocratical ilates of Swiflcrland. The great council of 

 Bern, lince the year 1682, when it was declared the fove- 

 reign, was reftrained by no conftitutional check, like fome 

 of the others. As a general aiTembly of the citizens was 

 never convened on any occafiun, the executive powers of 

 government were delegated by this fovereign council to the 

 fcnate, chofen by themfelves from their own body ; the former 

 ordinarily alTembled three times a week, and extraordinarily 

 upon particiilar occafions ; die fenate, every day. Sundays 

 and feftivals excepted. The fenate, comprifing the two 

 avoyers, or chiefs of the republic, was compafedof 27 mem- 

 bers ; and from this leleft body were taken the principal 

 magiftrates. On a vacancy in the fenate, 26 balb, 3 of 

 which were golden, were put into a box, and drawn by fe- 

 vei-al members; and thofe who drew the three golden balls, 

 nominated three elccxors out of their body. In the fame 

 manner, fevcn members were chofen from the great council, 

 who alfo nominated feven electors out of their own body. 

 Thefe ten eleftors fixed on a certain number of candidates, 

 not exceeding ten nor lefs than fix ; and fuch among thefe 

 candidates as had the feweft votes in the fovereign council, 

 retired till their number was reduced to four ; then four 

 balls, two golden and two filver, were drawn by the four 

 remaining candidates ; the two who drew the former were 

 put in nomination, and he who had the greateft number of 

 fuffrages in the fovereign council was chofen. But the can- 

 didate, in order to be ehgible, muft have been a member of 

 the great council ten years, and muft be either a married 

 man or a widower. The greateft excellence of this mode of 

 eleftion confifted, as Mr. Planta obferves, in jnaking the 

 chance of lots apply chiefly to the electors, and not to 

 thofe who might pretend to the fucccflion, by which the 

 dangerous effefts of cabal were in a great meafiue obviated, 

 and yet a fair profpeft of fuccefs was given to the meri- 

 torious, while thofe wholly unqualified could entertain little 

 hopes of being preferred. The felefted candidates drew lots 

 only in one ftage of the proceeding ; and this when their 

 number being reduced to only four, an even chance was 

 given to thofe few to whom eminent qualifications had fe- 

 cured the marked approbation of their fellow-citizens ; and 

 when fortune proved unfavourable in one inllance, repeated 

 opportunities would occur, in which, unlefs Ihe proved un- 

 gularly unpropitious, the defired objedi would be ultimately 

 obtained. 



The great council was generally filled up every ten years ; 

 as within that period tliere was ufuplly a deficiency ot 80 

 members to complete the whole number of 299. When 

 this deficiency occurred, and not before, a new tleclion was 



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propofed ; nor could it be deferred when there was a defici- 

 ency of '100. The time of eleftion being determined by 

 vote, each avoyer nominated two of the new members ; e-ach 

 fcizenier, and each member of the fenate, one ; and two or 

 three other officers of ftate enjoyed the fame privilege. 

 Some few perfons claimed, by virtue of their office, a right 

 of being clefted, which was generally allowed. Thefe le- 

 veral nominations and pretei fions generally amounted, on th.c 

 whole, to about 50 ; the remaining vacancies were fupplicd 

 by tlu; fuffrages of the fenate, and the feizeniers. Thefe 

 fcizeniers were fixteen members of the great council, drawn 

 yearly from the abbayes or tribes ; and the candidates were 

 generally taken from thofe who had exercifed the office of bai- 

 liffs, and were elected by lot. They were inverted with an au- 

 thority fimilar to that of the Roman cenfors ; and in cafe of 

 mal-adminirtration, might remove any member from the great 

 council or fenate, though they have fcldom exercifed this 

 power. The principal magillrates were two avoyers, two 

 treafurers, and four bannerets ; each chofen by a majority ot 

 voices in the fovereign council, and yearly confirmed in their 

 refpeftive offices. The avoyers held their ports for life ; 

 the treafurers, fix years ; and the bannerets, four. The two 

 treafurers, one for the Pays de Vaud, and the other for the 

 German diftriiS, formed, in conjunftion vrith the four ban- 

 nerets, an economical cham.ber or council of finance, which 

 palTed the accounts of the bailiffs, and received the revenues 

 from thofe who were accountable to the government. The 

 four bannerets, the ex-avoyer, 'who was tiic firft fenator in 

 rank, and prefident of the fecret ccurcil, the fenior treafu- 

 rer, and two members of the fenate, compoled a committee 

 or fecret council, in which all ftate affairs, requiring fecrecy, 

 were difcufled. 



Although the form of this conftitution was ariftocratical, 

 and the fenate pofTeffed a vei7 confiderable influence, yet it 

 did not enjoy (fays Mr. Coxe) that almoft exclufive autho- 

 rity which exiits in many ariftocratical governments. For, 

 by feveral wife and well obferved regulations, the fovereign 

 council, although it delegated the moft important concerns 

 of government to the fenate, yet aiTembled at ifated times, 

 and fuperintendcd the adminiftration of public affairs. Mr. 

 Buriie atferts, that the republic of Berne was one of the 

 happiert, moft profperous, and beft governed countries on 

 earth. 



The canton of Bern, by its old conftitution, was divided 

 into a certain number of diftricts, called baiUiages (fee Bail- 

 liage), over which bailiffs were chofen from the fovereign 

 council. Thefe were the moft profitable pofts in the 

 difpofal of government, and very eagerly purlued. They 

 were formerly nominated by the bannerets, but the mode of 

 el.'ftion v.-as altered iu 1712, and they were chofen by lot. 

 The bailiffs were reprefentatives of the fovereign power in 

 their refpeclive diftricts ; whofe bufinefs it was to enforce the 

 editts of government, to collect the pubhc revenues, to act 

 as iuttices of the peace, and to be judges in civil and crimi- 

 nal caufes, except where there was any local jurildietion. 

 In civil cafes, be)ond a certain value, an appeal lay to the 

 courts of Bern : in criminal aftairs, the procefs underwent a 

 revifion in the fenate, and was referred to the criminal cham- 

 ber, which inflifted puniihnients for fmall mifdemeanours ; 

 but in capital cafes, the fentence was to be confirmed by 

 the fenate, and by the fovereign council, if the delinquent 

 was a citizen of Bern. The bailiff delivered his accounts to 

 the economical chamber, to wliich court an appeal lay in 

 cafe of exaction on h's part, or on tiie part of his officers. 

 The profits of the baififf's office arofe from the produce of 

 the demefnes, of the tithes, certain duties paid to govern- 

 ment in the refp«Ctive bailliagcs, and from the fines impcfed 

 G g i f«rr 



