BAVARIA’S CONSTITUTION OF 1808
\nMAY 1ST, 1808
\nWe Maximilian Joseph, by the grace of God King of Bavaria.
\nWe are governed by the conviction that as long as the State remains a mere aggregate of separate parts, it can neither achieve its full potential strength, for which it has the means, nor can the individual members aim to impart upon themselves all the advantages of civil union. We have sought already through many ordinances to eliminate the differences in the administrative systems in our Kingdom, as far as it was possible beforehand, to establish a more uniform system for direct and indirect obligations, and to make the most important public institutions of the collective more equivalent, through establishments that at the same time ensure their distinctiveness. Furthermore, in order to obtain the advantage of just and equal civil and criminal laws for our collective states, we have also arranged the preliminary work necessary for achieving this goal, which in part has actually already been completed. Due, however, to the fact that these individual developments of particular parts of the institution of the State do not lead to the perfect consummation of our purpose, and leave behind gaps, whose filling is an integral requirement for the necessary unity of the whole Kingdom, we have decided to give all of the components of the legislature and administration of our Kingdom complete coherency, through organic laws, with consideration for both foreign and interior relations. We have decided to establish the basis for this coherency through the present constitutional charter, whose purpose is to guarantee the fulfillment of the demands of the State on its individual members, as well as the demands of the individual members on the State, through the
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\nappropriate ordinances and regulations. These demands are just and founded in the concept of the general purpose of the State. This shall provide the whole Kingdom a firm relationship and bond, and give each of the components of the administration of the State its own appropriate efficacy. All of this shall be accomplished with the goal of meeting the requirements necessary for securing collective wellness.
\nWe regulate and ordain according to the following:
\nPart I Main Regulations
\nArticle 1. The Kingdom of Bavaria is part of the Rhenish Federation.
\nArticle 2. All special constitutions, privileges, hereditary offices and regional incorporated bodies of individual provinces are hereby abolished. The entire Kingdom shall be represented by a representative body, held to the same laws, and governed by the same policies; according to these policies the very same taxation system shall apply to the entire Kingdom. The land tax may not exceed one-fifth of the Kingdom\u2019s income.
\nArticle 3. Serfdom, where still in existence, shall be hereby abolished.
\nArticle 4. Regardless of the current arrangement of provinces, the Kingdom shall hereby be split into districts that are as equal as possible, and according to natural boundaries, where feasible.
\nArticle 5. The aristocracy shall retain their titles and their landlordly rights according to the legal regulations, as shall every possessor of property; regarding the State\u2019s financial burdens, however, as they currently stand and as they are introduced, the aristocracy shall be treated the same as all other citizens. The aristocracy does not represent a special part of the representative body; rather their participation shall be proportional to that of the wholly free landowners. Nor are they entitled to exclusive rights to state
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\noffices, honors conferred by the state, or state benefices. All statutes of currently existent incorporated bodies must be adjusted to fit these policies in due time.
\nArticle 6. The same regulations also apply to the clergy. Moreover, every religious entity, without exception, is hereby confirmed as entirely and exclusively the property of the parishes, schools, and churches, as they are divided according to the following 3 categories in the Ordinance of the 1st of October 1807: of religious rites, of education, and of benefaction, all of which are combined in one administration. These possessions cannot be retracted under any pretense, nor can they be liquidated for any external purpose. The same also applies to the Church\u2019s goods, which whenever established shall be allocated to the dioceses and the religious chapters for endowment.
\nArticle 7. The State grants all citizens personal and proprietary security \u2013 complete freedom of conscience \u2013 and freedom of the press, according to the decreed censure edict of the 13th of June 1803, and the ordinances of the 6th of September 1799 and the 17th of February 1806, enacted due to political newspapers. Only natives of the State or owners of property within the State may fill government offices. The foreign-born may only be issued citizenship through a law or a declaration of the King.
\nArticle 8. Each citizen of the State that has reached the end of his 21st year is due to take an oath of office in front of the public authorities over his district, attesting that he shall obey the constitution and laws of the State \u2013 he shall be loyal to the King. No one may emigrate, go abroad, leave for foreign service, or accept a salary or honor from a foreign power without the express permission of the Monarch, with the penalty of the loss of all civic rights. All those, who identify a foreign jurisdiction over themselves, outside of specific cases of legal customs or contracts, forfeit themselves to the same punishment, which may be increased, according to the circumstances.
\nPart II Of the Royal House
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\nArticle 1. The Crown is inheritable by the male line of the governing House, according to the right of the first born and agnatic linear succession.
\nArticle 2. The princesses are always barred from taking on governmental positions, and they and their descendants shall remain barred from succession as long as a male heir stemming from the governing House exists.
\nArticle 3. After complete elimination of the male line, the heirship shall fall to the daughters and their male descendents.
\nArticle 4. A special law regarding families shall designate the manner in which this heirship shall enter the government; but with consideration for the inheritable charges mentioned in the Article 34. of the Rhenish Federation Act, as far as they are recognized and defined. The last living individual from the House of the King shall seek to obtain peace and independence of law through appropriate measures.
\nArticle 5. After the death of the King, the Princes shall receive no landed property, but instead an annual appanage shall be paid out, of at the most 100,000 guilder from the royal treasury in monthly installments, which shall be returned to the royal treasury after the death of the Princes\u2019 male heirs.
\nArticle 6. 200,000 guilder of annual income in addition to a respectable residence is the designated maximum for the provisions received by the governing Queen after the death of the King; the established dowry of a princess is 100,000 guilder.
\nArticle 7. All members of the House of the King stand under the jurisdiction of the monarch, and in the event of the loss of their right to inheritance, may only be married with his approval.
\nArticle 8. The royal Princes shall be of age upon the end of their 18th year.
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\nArticle 9. Every Monarch, during the time in which his successor is under age, is free to choose an royal vicar for the Kingdom from among the Princes who are of age. In the absence of such an appointment, the administration shall fall to the next agnate who is of age. The appointed agnate, who takes over the administration due to the under-aged status of the closest male in the royal line, shall follow through in this duty until the rightful Monarch is of legal age. The government shall be administrated in the name of the under-aged Monarch; all government offices, with exception of judiciary positions, may only be filled tentatively during the reign of the appointed agnate. The royal vicar may not give over property belonging to the Crown, nor may he create new government offices. In the absence of an agnate who is of age, the administration of the Kingdom shall fall to the first royal official. The education of the children of a widowed Queen may be conferred to her under the supervision of the imperial vicar, never, however, may the administration of the Kingdom be conferred to the Queen.
\nArticle 10. Four royal officials shall be established for the Kingdom. A royal chief court official \u2013 a royal chief administrator of finances \u2013 a royal chief marshal \u2013 a royal chief postmaster, all of whom shall attend the assemblies of the Privy Council. All truly governing privy ministers of the State shall enjoy all of the honors and benefits connected to privileged royal status.
\nArticle 11. The pragmatic law enacted on the 20th of October 1804 due to the unnegotiability of State property shall be affirmed; however the King shall be free to utilize both fiefdoms that shall fall back to the Kingdom in the future and newly acquired State domains in order to reward great and determined services provided to the State. These areas then adopt the properties of fiefdoms only inheritable by male relatives of the Crown, and for them no claims may be issued.
\nPart III Of the Administration of the Kingdom
\nArticle 1. The ministry shall be divided into 5 departments; foreign relations, justice, finance, interior and defense. The realms that
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\neach are concerned with shall be and remain determined by the Ordinances of the 25th of May 1801, the 29th of October 1806, and the 9th of May 1807. Several departments may be represented by one minister. The position of the state Secretary shall be occupied by each minister for his department; therefore all royal decrees must be signed by him, and only with this formality shall they be recognized as legally valid. The ministers shall be accountable to the King for the exact fulfillment of royal orders, as well as for any violations of the constitution occurring at their instigation or with their assistance. They shall provide the Monarch with a detailed annual report regarding the state of their department.
\nArticle 2. A privy council shall be arranged to consult regarding the most important internal affairs of the Kingdom, which shall consist of 12 or 16 members at most, not including the ministers. The privy councilors shall be appointed by the King for one year initially, and shall not be considered permanent until after at least 6 years of service. The King and the heir to the Crown shall attend the assemblies of the privy council; during the attendance of both the oldest State minister present shall preside over the privy council. The privy council shall develop and discuss all laws and major ordinances in accordance with the fundamental laws. The ministers shall relate relevant information to the King, who in turn shall assign the privy council laws and major ordinances to discuss, with particular focus on laws entailing obligations or finance. The privy council shall decide all disputes of competence over court jurisdiction and administration, as well as whether an administrative officer shall or may be put on trial. In order to conduct business the privy council shall be divided into three sections: civil and disciplinary legislature, finance, and internal administration. Each section shall consist of at least 3 members, and shall prepare its business for reporting to the council assembly.
\nArticle 3. The privy council shall only have an advisory vote in the exercising of its powers.
\nArticle 4. At the head of every district there shall stand a royal general officer, who shall have at least 3 and at most 5 subordinate councilors for the district; furthermore every district shall have
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\nA. A general assembly, and
\nB. A deputation
\nThe general assembly shall be elected by the national representative body; the deputation shall be chosen by the King from the general assembly of the district, and shall
\n1. Propose the necessary financial obligations to cover the local expenses, for which the funds shall be collected from the pension and tax officers for the requirements of the Kingdom. These funds must be spent exclusively with the same purpose for which they were originally determined, and must be separately incorporated into the annual financial budget.
\n2. Bring the proposals and desires concerning improvement of the conditions in the district from the internal ministry to the King. The King shall appoint officers for positions in the general assembly for life; they shall be chosen out of the 400 landowners, salesmen, or factory owners of the area who pay the highest property taxes. There shall be 1 general assembly officer for every 1000 residents, and they shall meet every time a representative must be chosen or the King orders them to assemble. Their assemblies shall last no longer than 8 days. The King shall appoint the presidents as well as the officials for the duration of one or more sessions; the position of the president may also be conferred to the general officer of the district. One-third of the deputation of the district shall be replaced annually. The King shall appoint the new members from the deputies in the general assembly. The names of those resigning shall be determined by lottery. The deputation shall assemble annually for 3 weeks at the most. The time and place of the assembly shall be determined by the Monarch. The positions of the chairman and the secretaries shall be regulated as in the general assembly.
\nArticle 5. The district courts shall be controlled by the local police with the supervision of the general officer, who shall obtain one or
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\nmore police actuaries for this purpose. For each municipal and rural community a local administration shall be arranged.
\nArticle 6. The income, taxes, and obligations of the Kingdom as well as the additional local taxes shall be collected by the pension offices and the other civil servants appointed for the collection of obligations.
\nArticle 7. All administration officers, from the true counsels on, shall be subject to the regulations of the major ordinances of the 1st of January 1805 and the 8th of June 1807; however all future appointees shall only be seen as true civil servants when they have held an office that brings with it this right for at least 6 uninterrupted years. There shall be another appropriate ordinance enacted concerning the contribution benefits of the other royal servants and their widows.
\nPart IV Of the National Representative Body
\nArticle 1. In each district, out of the 200 landowners, salesmen, or factory owners of the area who pay the highest property taxes, seven delegates shall be elected, who all together shall form the royal assembly.
\nArticle 2. The King shall appoint a president and four secretaries from the members of the assembly for the duration of one or more sessions.
\nArticle 3. The deputies shall be appointed for the duration of six years; however after the course of these six years they shall again be eligible for the position.
\nArticle 4. The national representative body shall assemble at least once per year when called together by the King, who shall both open and close the assembly. He may also adjourn or cancel the assembly; however if he cancels, he must call for a new assembly to convene within two months of the cancellation.
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\nArticle 5. Whenever the election of a deputy or the entire representative body of the Kingdom is to be conducted, either all district assemblies, or just those participating, shall be summoned through unsealed royal letters, which shall be forwarded by the minister of the interior.
\nArticle 6. The assembly itself shall elect commissions of between three and four members; one commission each for finances, civil and disciplinary legislature, internal administration, and repayment of state debts. These commissions shall assemble and correspond with the relevant sections of the privy council concerning drafts of laws and main regulations, as well as the annual financial budget, whenever the government requires it of them.
\nArticle 7. Laws prepared in this way shall be brought to the representative body by between two and three members of the privy council; the assembly shall vote on the laws by means of secret voting by absolute majority. No one is authorized to speak except the royal commissioner from the privy council and the members of the relevant commission of the representative body.
\nPart V Of the Judiciary
\nArticle 1. The judiciary shall be managed by upper and lower courts, in appropriate numbers. Only one supreme court shall exist for the whole Kingdom.
\nArticle 2. All courts shall be connected, lead by the same final judgments and reasons for their rulings.
\nArticle 3. The members of the judiciary council shall be appointed for life by the King, and may only lose their positions through a formal dictum.
\nArticle 4. In criminal cases the King may grant mercy, exempt from or soften punishment, but in no case may he impede a pending litigation or investigation in progress, nor may he withdraw a judge from a legal party.
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\nArticle 5. The royal financial administration shall take legislation regarding all disputable affairs of civil law to the royal tribunals.
\nArticle 6. The confiscation of goods shall not take place, apart from in cases of desertion; however, the income of a criminal may be sequestered throughout his lifetime in order to pay for the cost of a trial.
\nArticle 7. The entire Kingdom shall establish its own civil code and criminal law.
\nPart VI Of the Military
\nArticle 1. A standing army shall be maintained for the defense of the State and in order to fulfill the responsibilities agreed upon in the Rhenish Federation act.
\nArticle 2. The troops shall be recruited by means of common military conscription.
\nArticle 3. The army shall only act against foreign enemies; the army shall only act in the interior in special cases when the Monarch explicitly orders it, or when the civil authorities formally summon the military power for this purpose.
\nArticle 4. Persons in the military are only subject to military jurisdiction in cases of criminal and official business; in all other cases, however, they shall be subject to the appropriate civil courts, as are all other citizens.
\nArticle 5. The civilian militia is hereby affirmed. In order to keep peace in times of war a national guard shall be instituted, as shall a gendarmerie maintained by the police.
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\nThese are the legal foundations of the future constitution of our Kingdom. The constitution is hereby declared to be introduced on the 1st of October of this year. In the meantime, the formulation of codes as well as individual organic laws relating to these legal foundations shall follow. These codes and laws serve in part to elaborate on the above regulations more closely, and in part to specify the manner of their execution.
\nPeople of our Kingdom! The assurance of your collective welfare is our goal. The more important this goal appears to you, and the more infused you are with the realization that this superior welfare can only be obtained with a close connection to the universal and permanent; the more certain it is that our goal will be reached, and the concerns of our regency shall be rewarded.
\nGiven in our capital and the royal seat of Munich, on the first day of the month of May, in the one-thousand-eight-hundred-and-eighth year of our Kingdom.
\nMax Joseph.
\nBaron of Montgelas, Count Morawizky, Baron of Hompesch. <\/p>\n
CONSTITUTIONAL CHARTER FOR THE KINGDOM OF BAVARIA
\nMAY 26, 1818
\nGuided and steeped in the exceptionally important
\nduties of the regent, We have forged an identity for
\nOur hitherto existing government with arrangements
\nthat certify Our continuous endeavor to advance the
\ncollective well-being of Our subjects. In order to build
\na firmer foundation for this, We already gave Our
\nKingdom a constitution in the year 1808, appropriate
\nfor the external and internal relations at the time, in
\nwhich We already introduced an Estates assembly and
\nincorporated it as a fundamental component of our
\nKingdom. The monumental and unprecedented world
\nevents that did not leave a single German State
\nuntouched, and during which the people of Bavaria
\nimmediately demonstrated themselves to be great
\nboth while suffering under the pressure and while
\nsurviving in battle had hardly reached their goal in the
\nAct of the Wiener Congress when We began to seek to
\nfulfill the requirements of Our State. We sought with
\nan unwavering gaze to achieve Our goal, Our work
\nonly being interrupted by the events at that time. The
\npreliminary works arranged to this end in the year
\n1814 and the decree from the 2nd of February 1817
\nattest to the firm determination We already possessed
\nat an earlier date. The present act is, after advanced
\nmature and multilateral consulting, and after the
\nexamination of Our State council, the work of Our both
\nfree and determined desire. Our people will find in its
\ncontents the strongest guarantee of Our disposition
\ntowards the country of Our Fatherland.
\nFreedom of conscience, and the conscientious
\nseparation and protection of that which is of the State
\nand that which is of the Church.
\nFreedom of opinion, with lawful restrictions against<\/p>\n
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\nmisuse.
\nThe same rights of all natives to all degrees of State
\nservice and to all designations of merit.
\nThe same call to the duty and honor of carrying
\nweapons.
\nEquality of laws and before the laws.
\nEvenhandedness and persistence in the administration
\nof justice.
\nEquality in the allocation and the obligation of
\nservices.
\nOrder throughout all parts of the State housekeeping,
\nlegal protection of State credit, and assured usage of
\nthe means designated to be employed for that cause.
\nThe revitalization of the community body through the
\nrefurnishing of the administration of matters
\nconcerning their well-being to those closest to them.
\nA union of Estates emerging from all classes of citizens
\nresidentiary in the State, with the rights of council, of
\napproval, of consent, of requests and of registering
\ncomplaints regarding the violation of constitutional
\nrights, convening in a public assembly in order to
\nstrengthen the wisdom of council without weakening
\nthe power of the government.
\nFinally a protection of the constitution, securing the
\nState against arbitrary changes, but not hindering the
\namelioration process after evaluating experiences.
\nBavaria! These are the main features of the
\nconstitution given to you out of Our free resolution.
\nSee in it the principles of a King who only finds
\nhappiness in his heart and renown for his throne in the<\/p>\n
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\nfelicity of his Fatherland and love for his people!
\nWe declare the following regulations to be the
\nconstitution of the Kingdom of Bavaria:
\nPart I
\nGeneral Regulations
\nArticle 1. The Kingdom of Bavaria, in the unity of the entirety of
\nall its old and new regional parts, is a sovereign monarchical
\nState according to the regulations of the present constitutional
\ncharter.
\nArticle 2. For the entire Kingdom there shall be a common
\nEstates assembly, separated into two chambers.
\nPart II
\nOf the King and the Succession to the Throne, and of the Regent
\nof the Kingdom
\nArticle 1. The King is the head of State and unifies in himself all
\nthe rights and powers of the State, and shall exercise them under
\nthe fixed regulations of the present constitutional charter that he
\nhimself has given.
\nHis person is sacred and inviolable.
\nArticle 2. The crown is inheritable in the male line of the house
\nof the King, according to the right of the first born and agnatic
\nlinear succession.
\nArticle 3. In order for a man to be able to succeed to the throne,
\nthe requirement is a legitimate birth out of the marriage of two
\npersons of equal status, whose wedlock is completed with the
\nconsent of the King.
\nArticle 4. The male line has priority over the female
\ndescendants, and the princesses are barred from taking on
\ngovernmental positions as long as there still exists either a male
\nheir from the house of the King who is able to succeed to the<\/p>\n
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\nthrone, or a prince who has been qualified for succession to the
\nthrone through an inheritance-brotherhood.
\nArticle 5. After complete elimination of the male line and lacking
\nan inheritance-brotherhood which has been completed with
\nanother princely house in the German Federation for this
\ncircumstance, the heirship shall fall to the female descendants
\naccording to the order of succession fixed for the male line. This
\nshall occur in such a way that at the time of the passing of the
\nlast ruling King, the next living Bavarian princess or her
\ndescendant shall be called to the throne, regardless of gender,
\nand as if this heir were a prince of the original male line of the
\nBavarian house, according to the right of the first born and linear
\norder of succession.
\nIf descendants of the first rank of both genders are born into the
\nnew house of the King, the priority of the male gender over the
\nfemale shall again come into effect.
\nArticle 6. If, after the elimination of the male line, the Bavarian
\ncrown should fall to the regent of a greater monarchy, who could
\nor would not take up residence in the Kingdom of Bavaria, the
\ncrown shall fall to the second born prince of this house, and in
\nthis line the same regulations regarding succession should come
\ninto effect as are denoted above.
\nIf the crown should fall, however, to the wife of such a greater
\nnon-resident monarch, she shall indeed become Queen, however
\nshe must appoint a Vice-King, who shall take up his residence in
\nthe capital city of the Kingdom, and the crown shall fall to her
\nsecond born prince after her passing.
\nArticle 7. The princes and princesses of the house of the King
\nshall be of age upon the end of their 18th year.
\nArticle 8. All other relations of the members of the house of the
\nKing shall comply with the regulations of the pragmatic Family-
\nLaw.
\nArticle 9. The alternate means of administration of the Kingdom<\/p>\n
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\nshall come into effect:
\nA. During the time in which the successor to the throne is
\nunder age;
\nB. If the successor to the throne is prevented from
\nexercising the rights and powers of the government for a
\nsubstantial length of time and has not made a decision
\nregarding provisions for such an occurrence, and is unable
\nto make such a decision.
\nArticle 10. The monarch is free to choose an alternate
\nadministrator from the princes of the house who are of age, who
\nshall act as regent for the duration of the time in which his
\nsuccessor is under age. Lacking such a provisionary decision, the
\nadministration of the Kingdom shall fall to the next agnate of age,
\naccording to the fixed order of succession.
\nIf the prince to whom the administration falls according to the
\nabove regulation is himself still under age, or if he is otherwise
\nprevented to take over the regency, the administration shall fall
\nto the next agnate after him.
\nArticle 11. If the Monarch should be hindered from exercising the
\nrights and powers of the government for any reason and this
\nhindrance should last for longer than a year, and he himself has
\nnot made a decision regarding provisions for such a
\ncircumstance, nor can he, the same lawful regency shall occur as
\nwould if the successor to the crown were under age. This shall
\ntake place with the approval of the Estates, who shall be notified
\nof the cause of the hindrance.
\nArticle 12. If the King should appoint an alternate administrator
\nin case of his successor being under age according to Article 10,
\nthe charter written on the subject shall be presented to the entire
\nState ministry for inspection and public notification. The minister
\nwho is assigned the duties related to the house of the King shall
\nkeep the document in the house archive until the passing of the
\nMonarch. The administrator of the Kingdom shall be informed of
\nthe charter containing the information regarding his appointment<\/p>\n
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\nat the same time.
\nArticle 13. If no agnate capable of taking over the administration
\nof the Kingdom exists, but the Monarch leaves behind a widowed
\nQueen, the administration of the Kingdom shall fall to the Queen.
\nLacking a capable agnate and Queen, the officer of the crown
\nappointed by the last Monarch shall take over the administration.
\nIf the last King did not make a decision regarding this matter, the
\nadministration shall fall to the first officer of the crown for whom
\nno legal hindrance exists.
\nArticle 14. In any case, a widowed Queen shall be entitled to
\neducate her children under the supervision of the administrator of
\nthe Kingdom, according to the detailed regulations regarding
\nsuch a case included in the Family-Law.
\nArticle 15. In the cases identified in Article 9 A and B, the
\ngovernment shall be run in the name of the under-aged successor
\nor of the Monarch hindered from exercising the rights and powers
\nof the government.
\nAll orders shall be issued in his name and under the customary
\nseal of the King. All coins shall be embossed with his portrait,
\ncrest, and title.
\nThe regent shall sign as: \u201cthe Administrator of the Kingdom of
\nBavaria\u201d.
\nArticle 16. The prince of the house, the widowed Queen or the
\nofficer of the crown to whom the administration of the Kingdom is
\nassigned must call for an Estates assembly immediately after
\nentrance upon the regency. He must swear the following oath in
\ntheir midst, with both the State minister and the members of the
\nState council present:
\n\u201cI swear to govern the State as is appropriate according to the
\nconstitution and the laws of the Kingdom, to maintain the
\nintegrity of the Kingdom and the rights of the crown, and to
\nfaithfully turn over to the King the power that has been trusted to
\nme; may God and His holy Gospel truly help me.\u201d
\nabout which a special record shall be written.
\nArticle 17. The regent shall exercise all rights of the government
\nduring his administration of the Kingdom, with the exception of
\nthe rights that have been excluded through the constitution.
\nArticle 18. All empty offices, with the exception of judiciary
\npositions, can only be filled provisionally during the
\nadministration of the alternative regent. The administrator of the
\nKingdom can neither divest property of the crown nor reaward
\nfiefdoms that have become property of the Kingdom nor
\nintroduce new offices.
\nArticle 19. The council of the regency shall consist of the entire
\nState ministry, and the administrator of the Kingdom is bound to
\ntake its advice on all important matters.
\nArticle 20. The administrator of the Kingdom shall live in the
\nresidence of the King for the duration of his regency, and shall be
\nfinancially supported in such by the State. Also, in addition to that
\nhe shall be allocated two-hundred-thousand gulden yearly for his
\nown disposal in the form of monthly installments from the State
\ntreasury.
\nArticle 21. The regency shall last in the two cases noted in
\nArticle 9 for the following: in the case of the first, until the King is
\nof age, and in the second, until the hindrance ceases.
\nArticle 22. After the regency of the alternative administrator has
\nended and the newly entering King has sworn the ceremonial
\noath (Part X Article 1), all negotiations of the former regency shall
\nbe closed, and the King\u2019s entrance into the government shall be
\nceremonially announced in the residence and in the entire
\nKingdom.
\nPart III
\nOf the Property of the State<\/p>\n
9
\nArticle 1. The whole area of the Kingdom of Bavaria forms one
\nsingular, indivisible, unsaleable mass consisting of all
\ncomponents of land, people, authorities, goods and properties,
\nseigniorages, and pensions, along with all accessories.
\nAlso all new acquisitions of immobile property from private titles
\nshall come into the inheritance of the male line and shall be seen
\nas incorporated into the mass of the Kingdom, if they are
\nacquired by the main or auxiliary line and if the first acquirer did
\nnot dispose of them during his lifetime.
\nArticle 2. The following belong to the unsaleable property of the
\nState that may not be brought into the inventory of a private
\nestate if the property of the State and of a private estate is to be
\nsorted:
\n1. All archives and filings,
\n2. All public establishments and buildings with their
\naccessories,
\n3. All guns and cannons, ammunition, all military
\nstorerooms and anything necessary for the armed forces,
\n4. All facilities of the court chapels and court offices with all
\nof their contents that have been defined as necessary for
\nthe requirements or the splendor of the court, and which
\nhave been entrusted to the supervision of the court staff or
\nthe court directors,
\n5. Everything that serves as facilities or as adornments for
\nboth the regular and summer residences,
\n6. The treasures of the house and anything that has been
\nincorporated into it by a bequeather,
\n7. All collections for the arts and sciences including:
\nlibraries, physical, natural, and coin collections, antiques,
\nstatues, observatories with their instruments, paintings and
\ncopper engraving collections, as well as any other items<\/p>\n
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\nthat have been designated for public use or for the
\npromotion of the arts and sciences,
\n8. All available supplies of cash and capital in the State
\ntreasury or of natural produce in offices, including all
\nendowments to State income,
\n9. Everything acquired by the funds of the State.
\nArticle 3. All components of State goods and property are
\nunsaleable in perpetuity, as was decided in the pragmatic law
\nfrom the 20th of October 1804. The regulations that still apply
\ndespite changing relations shall be carried over to the present
\nconstitutional charter. These regulations are subject to the
\nmodifications following below.
\nAbove all, all rights of sovereignty of the primogeniture shall
\nremain undivided and imprescriptible, without exception.
\nArticle 4. Under the term sale in regards to State goods or
\nproperty shall be understood not only each real sale, but also
\nevery gift exchanged between the living or anything given
\nthrough a last will, the awarding of new fiefdoms, or the weight of
\na permanent burden, pledge or dedication lightened by the
\nacceptance of a sum of money.
\nAlso, no citizen of the State may be allowed to be freed from
\npaying public burdens.
\nArticle 5. The fiefdoms, State domains, and pensions that have
\nalready been awarded as compensation for service to the State
\nare excluded from the above prohibitions.
\nAlso, the King shall always be free to reaward fiefdoms that have
\nagain become property of the Kingdom.
\nIn order to compensate for great and determined services to the
\nState, other State domains or pensions may be awarded, but only
\nwith the approval of the Estates. They shall adopt the property of
\nbeing a fiefdom of the crown only inheritable in the male line.<\/p>\n
11
\nEntitlements to goods and property that will again become
\nproperty of the State in the future, pensions, and rights cannot be
\nawarded just as offices and honors cannot.
\nArticle 6. The following should further not be understood to be
\nprohibited from selling:
\n1. All State deeds of the monarch related to goods and
\nproperty either originating from the royal family or
\nbelonging to the State that are conducted within the
\nboundaries of the governing rights to which he is entitled,
\nand for the purpose of State welfare in regards to either
\nforeigners or subjects in the country.
\n2. This applies especially if he is trading individual goods,
\nproperty, or income for either the obtainment or securing of
\nother goods, property, pensions, or rights in order to end a
\npending legal dispute, or if he is giving property to a
\nneighboring State for purposes of border rectification and if
\nit is traded for a commensurate replacement.
\n3. This also applies especially to what is traded for other
\nmaterial items or rights or the same value.
\n4. This also applies especially to all individual sales or
\nmodifications that are found to be good for the advancing
\nState economy, promoting the culture of the country,
\ncontribute in some other way to the welfare of the State, or
\nare in the best interest of the State successor and help to
\nabolish a detrimental self-administration. These sales or
\nmodifications must be related to State goods or property,
\ncorrespond to and follow recently enacted prescriptions, and
\nbe in line with the basic principles of the country.
\nArticle 7. In all of these cases (Article 6), however, the State
\nincome may not be reduced, rather as a replacement either
\ndominical pensions should be collected, if possible in the form of
\ncrops, or the purchasing money should be used for new
\npurchases, or as temporary aid for a fund to pay off debt, or be<\/p>\n
12
\nused in some other way with the intent of improving the welfare
\nof the State.
\nThe monarch can make purposeful modifications and
\nimprovements in regards to the assets termed saleable (Article 2)
\nin accordance with the time and circumstances.
\nPart IV
\nOf General Rights and Duties
\nArticle 1. For the full enjoyment of all citizenly, public, and
\nprivate rights in Bavaria, native status is required. This can be
\nacquired either through birth or through naturalization, according
\nto the detailed regulations of the edict concerning native status.
\nArticle 2. The rights of citizens of the State of Bavaria rely on the
\ncondition of native status, and shall be lost if native status is lost.
\nArticle 3. In addition to this, the following shall also be required
\nin order to obtain all citizenly rights:
\nA. The state of being legally of age;
\nB. Residency in the Kingdom, either through the possession
\nof taxed property, pensions, or rights, or through the
\npracticing of a taxed trade, or through entering a public
\noffice.
\nArticle 4. Offices of the crown, high-level offices of the court,
\nState civil service positions and high-level military positions, as
\nwell as church offices or benefices can only be conferred to those
\nborn into the State or those naturalized in accordance with the
\nregulations in the constitution.
\nArticle 5. Every citizen of Bavaria can attain any civil, military, or
\nchurch office or benefice, with no differences in treatment
\naccording to class or other distinctions.
\nArticle 6. Within the area of the Kingdom no serfdom may be
\npracticed, in accordance with the detailed regulations of the edict<\/p>\n
13
\nfrom the 3rd of August 1808.
\nArticle 7. All unmeasured soccages shall be measured and shall
\nalso become detachable.
\nArticle 8. The State guarantees every resident security for his
\nperson, his property and his rights.
\nFrom no one may his proper judge be withdrawn.
\nNo one may be pursued or imprisoned except in cases defined by
\nthe law and in lawful form.
\nNo one may be forced to relinquish his private property for public
\npurposes, except after a formal decision made by the assembled
\nState council, and after advanced reimbursement, as was
\ndecided in the ordinance from the 14th of August 1815.
\nArticle 9. Every resident shall be guaranteed complete freedom
\nof conscience, therefore no one may be forbidden from
\nworshipping in the confines of his own home, regardless of the
\nreligion to which he professes himself.
\nThe three Christian church associations present in the Kingdom
\nshall enjoy the same civil and political rights.
\nThe holders of non-Christian beliefs shall indeed also have
\ncomplete freedom of conscience, however, they shall only obtain
\nthe portion of civil rights of the State that are guaranteed to them
\nthrough the organic edicts concerning their incorporation into the
\nState community.
\nFor all religious chapters, without exception, both the property of
\ntheir foundations and their property used for the enjoyment of
\ntheir pensions shall be completely secured, according to the
\noriginal charters concerning foundations and legal assets,
\nregardless of whether they are designated for religious purposes,
\neducation, or charity.
\nThe religious powers may not be impeded in their proper sphere,<\/p>\n
14
\nand the secular government may not interfere with purely
\nreligious matters such as the teaching of religion and conscience.
\nThis shall be true until the highest protection and oversight right
\nbecomes effective, according to which no ordinances or laws
\nregarding the powers of the Church may be promulgated or
\nimplemented without prior inspection and placet by the King.
\nThe churches and the clergy shall be held to the laws of the State
\nand the secular courts in their civil activities and relationships as
\nwell as in regards to the assets belonging to them. Also, they
\ncannot appeal for exemption from public State burdens.
\nThe remaining detailed regulations regarding the rights to
\nexpression in relations of the residents of the Kingdom and the
\nrelationship between religion and the churchly communities are
\nattached to the present constitutional charter and contained in
\nthe special edicts.
\nArticle 10. All of the assets of the foundations of the Church
\nused for the three purposes of religious institutions, education, or
\ncharity shall also be placed under the special State security.
\nUnder no pretense may their financial assets be collected.
\nNothing may be sold or used for anything besides the three
\naforementioned purposes without the agreement of those
\ninvolved, and when concerning universal foundations the
\nagreement of the Estates of the Kingdom is additionally required.
\nArticle 11. The freedoms of the press and of the book trade are
\nsecured according to the regulations of an enacted special edict
\nconcerning this matter.
\nArticle 12. Every citizen of Bavaria has the same obligation to
\nmilitary service and to the armed forces according to the laws
\nexisting for such cases.
\nArticle 13. The contribution to State burdens shall be the same
\nfor all citizens of the Kingdom. No exception shall be made for
\nany Estate (viz. social class), and no regard shall be held for
\nformerly existing special exemptions.<\/p>\n
15
\nArticle 14. Citizens of Bavaria are permitted to emigrate to
\nanother State so long as they can demonstrate that the State in
\nquestion wants to take them as subjects and they have
\nperformed their lawful duties to their present home country. If
\nsuch is the case, they may also participate in the military service
\nof their new home country.
\nAs long as they remain in a subject-union, however, they may
\nneither accept a salary nor honors from a foreign power without
\nthe express permission of the monarch.
\nPart V
\nOf Special Rights and Benefits
\nArticle 1. The officers of the crown shall be awarded the fiefdoms
\nof the crown, as they have the highest honors of the Kingdom.
\nThese fiefdoms shall belong to them either for the duration of
\ntheir lifetime, or they shall be passed down by the right of the
\nfirst born and agnatic linear inheritance. The officers of the crown
\nare members of the first chamber in the Estates assembly by
\nvirtue of having honors of the Kingdom.
\nArticle 2. The princes and counts who were formerly of the
\nEstates of the Kingdom shall be guaranteed all rights and benefits
\nmentioned in the special edicts defining their relations.
\nArticle 3. The nobility of the Kingdom of Bavaria who were
\nformerly immediately subordinate to the Bavarian Highness shall
\nenjoy the rights deemed appropriate in the kingly declaration and
\nguaranteed to them through the constitutional edicts.
\nArticle 4. All of the rest of the nobility of the Kingdom shall retain
\ntheir rights as landlords, as shall all landowners, according to the
\nlegal regulations on the matter.
\nApropos, these persons also have the following benefits to enjoy:
\n1. The exclusive right to be able to exercise their landlordly
\njurisdiction,<\/p>\n
16
\n2. The right to establish a family majorat for landed
\nproperty,
\n3. The right to a jurisdiction separate from the district court
\nin civil and criminal cases,
\n4. The right to have their own seal under the restrictions of
\nthe laws regarding hypothecary, and finally
\n5. The distinction that the sons of the nobility shall enter as
\ncadets when conscribing to the military.
\nArticle 5. Some of these benefits are shared by the clergy,
\nordained collegiate councilors, and high officers belonging to the
\nsame category as this.
\nThe clergy shall enjoy the same right to a jurisdiction separate
\nfrom the district court in civil and criminal cases, and besides this
\ncollegiate councilors and high officers shall also enjoy the right to
\nhave their own seal and the higher distinction when conscribing
\nto the military.
\nArticle 6. The duty relations and pension requirements of State
\nservants and public officers comply with the regulations of the
\npragmatic laws regarding service.
\nPart VI
\nOf the Estates Assembly
\nArticle 1. The two chambers of the general assembly of the
\nEstates of the Kingdom are:
\nA. The chamber of the Kingdom councilors, and
\nB. The chamber of the assemblymen.
\nArticle 2. The chamber of the Kingdom councilors is comprised
\nof:
\n1. The princes who are of age and of the house of the King,<\/p>\n
17
\n2. The Kingdom\u2019s officers of the crown,
\n3. The two archbishops,
\n4. The heads of the former princely and countly families of
\nthe Estates of the Kingdom as hereditary councilors, as long
\nas they remain in possession of their lordship of a formerly
\nkingdomly Estate located in the Kingdom,
\n5. A bishop appointed by the King and a president of the
\nprotestant general consistory, and
\n6. Persons who the King specially appoints for either
\nhereditary or lifelong positions as members of this chamber
\ndue to great services to the State, the family they were born
\ninto, or their assets.
\nArticle 3. The King shall only award the right to inheritance to
\nnoble possessors of property who hold all citizenly rights in the
\nKingdom and have landed assets that have been registered with
\na fiefdom or majorat organization and compound at least threehundred
\ngulden in property and dominical taxes and for which
\nagnatic linear inheritance according to the right of the first born
\nhas been established.
\nThe honors of a hereditary councilor of the Kingdom shall only
\nfollow the inheritor of the property on which the majorat of the
\noriginal councilor is founded.
\nArticle 4. The number of councilors of the Kingdom who are
\nappointed for the term of their lives cannot exceed one-third of
\nthe number of those whose appointment is hereditary.
\nArticle 5. The councilors of the Kingdom shall be admitted to the
\nfirst chamber when they are of age, however, the princes of the
\nhouse of the King shall only receive a voice at the age of twentyone,
\nand the remaining councilors of the Kingdom shall only
\nreceive a voice at the age of twenty-five.<\/p>\n
18
\nArticle 6. The chamber of the councilors of the Kingdom can only
\nbe opened if at least half of all of the members are present.
\nArticle 7. The second chamber of the Estates assembly is
\ncomprised of:
\nA. The possessors of property who exercise a landlordly
\njurisdiction and do not have a seat and voice in the first
\nchamber,
\nB. Assemblymen from the universities,
\nC. Clergymen of the catholic and protestant churches,
\nD. Assemblymen from the cities and market-towns,
\nE. Possessors of property not pertaining to A.
\nArticle 8. The number of members shall on the whole conform to
\nthe number of families in the Kingdom in the ratio of one
\nassemblyman for every 7,000 families.
\nArticle 9. From the number designated in that manner:
\nA. The class of noble possessors of property shall provide
\none-eighth,
\nB. The class of the clergy of the catholic and protestant
\nchurches shall provide one-eighth,
\nC. The class from the cities and market-towns shall provide
\none-fourth,
\nD. The class of the remaining possessors of property who
\ndo not exercise a landlordly jurisdiction shall provide twofourths
\nof the assemblymen, and
\nE. Each of the three universities shall provide one member.
\nArticle 10. The number of assemblymen from each class shall be<\/p>\n
19
\ndistributed among the individual governmental districts according
\nto the regulations of the attached special edicts regarding the
\nEstates assembly.
\nArticle 11. In each governmental district each class shall elect
\nthe number of assemblymen designated for itself according to
\nthe prescribed regulations regarding election in the abovementioned
\nedicts. They shall be elected for the six-year duration
\nof the assembly. The positions that are emptied during that time
\nshall be filled by those who come next in the order of number of
\nvotes received.
\nArticle 12. Every member of the chamber of assemblymen must
\nbe an independent citizen (without consideration for class or
\nservice relations) who has reached his thirty-first birthday and
\npossesses the free enjoyment of property and assets located in a
\nrelevant area or city that ensures his independent livelihood, and
\nwhich has been designated as adequate in the edicts through the
\nfixed quantity of annual taxes paid.
\nHe must identify himself with one of the three Christian religions
\nand may never have undergone a special investigation due to a
\ncrime or misdemeanor without having been completely acquitted.
\nArticle 13. Every six years a new election of assemblymen shall
\nbe conducted, but otherwise only in the event that the chamber
\nis dissolved by the King.
\nMembers who have left or resigned are reelectable.
\nArticle 14. The resignation of an already appointed member shall
\noccur in the course of the duration of the assembly if:
\n1. He ceases to hold the possession, the court trade, or the
\nreligious benefice that substantiated his election for the
\nrelevant governmental area or class for any reason
\nwhatsoever without replacing such in the same area, city, or
\nclass.
\n2. The member loses one of the above (Article 12)<\/p>\n
20
\nessentially necessary attributes for passive electability
\nduring that time.
\nIn these cases the chamber of assemblymen must decide their
\ncourse of action based on the notification and after the
\nquestioning of those involved.
\nArticle 15. In order for the assembly of the chamber of
\nassemblymen to be valid the attendance of at least two-thirds of
\nthe elected members is required.
\nArticle 16. The chamber of the councilors of the Kingdom shall
\nbe called together, opened, and closed at the same time as the
\nchamber of assemblymen.
\nArticle 17. No member of the first or second chamber may let
\nhimself be represented by a delegate during an assembly.
\nArticle 18. The proposals regarding State burdens shall first be
\nhandled in the chamber of assemblymen and shall then be
\nbrought to the chamber of the councilors of the Kingdom through
\nthem.
\nAll other matters can be submitted to either chamber first
\naccording to the decision of the King.
\nArticle 19. No matter concerning spheres related universally to
\nall of the Estates of the Kingdom can be deliberated on in one
\nchamber alone with the expectation of the effect of a valid
\nagreement of the Estates.
\nPart VII
\nOf the Spheres of the Estates Assembly
\nArticle 1. The two chambers can only discuss matters that
\nbelong in their own spheres (which are described in greater detail
\nin Articles 2 through 19).
\nArticle 2. Without the council and the agreement of the Estates
\nof the Kingdom, no general new law pertaining to personal<\/p>\n
21
\nfreedom or the property of the citizens of the State may be
\nenacted, nor may an existing law be changed, authentically
\nelucidated or abolished.
\nArticle 3. The King shall acquire the agreement of the Estates for
\nthe collection of all direct taxes, as well as for the collection of
\nnew indirect burdens, or for the increasing or changing of existing
\nones.
\nArticle 4. Due to this, the Estates shall be provided with the
\nexact overview of the State requirements as well as the whole
\nrecord of the State revenue (budget) after their opening. They
\nshall then verify it through a committee and only then begin to
\ndiscuss the taxes to be collected.
\nArticle 5. The direct taxes required for covering the proper,
\nconsistent, and easily foreseeable State expenses including a
\nnecessary reserve fund shall be approved each time for the
\nduration of six years.
\nHowever, in order to avoid any delay in State housekeeping, in
\nthe State year in which the first Estates assembly is to be
\nconvened, the collected State burdens from the previous State
\nyear shall be again collected.
\nArticle 6. One year before the expiration of the term for which
\nthe expenses have been fixed (thus after the course of six years),
\nthe King shall submit a new budget to the Estates for the six
\nyears to follow that term.
\nArticle 7. In the event that the King is hindered in his ability to
\nassemble the Estates in this last year of the properly approved
\ntax budget due to extraordinary foreign relations, he shall be
\ngranted the power to continue with the last agreed upon tax
\nbudget for half a year.
\nArticle 8. In cases of extraordinary and unforeseen requirements
\nand inadequacy of the existing State income to cover such
\nrequirements, the necessary extraordinary burdens shall be
\nsubmitted for the approval of the Estates.<\/p>\n
22
\nArticle 9. The Estates may not connect approval of taxes with
\nany condition whatsoever.
\nArticle 10. The Estates of the Kingdom shall be provided with a
\nprecise presentation regarding the use of State income at each
\nand every Estates assembly.
\nArticle 11. The entire State debt shall be placed under the care
\nof the Estates.
\nFor each new State debt through which the currently existing
\ndebt mass in the capital sum or the annual interest yield is
\nincreased, the approval of the Estates of the Kingdom is required.
\nArticle 12. Such an augmentation of State debt may only occur
\nfor urgent and extraordinary requirements of the State that the
\nsubjects cannot contest in disapproval of the great cost to them
\n(whether related to the ordinary or extraordinary dues), and if the
\ndues are honorably used for the true good and gain of the
\ncountry.
\nArticle 13. A debt repayment plan shall be submitted to the
\nEstates, and without their consent no change may be made to
\nthe plan already accepted by them, nor may income designated
\nfor debt repayment be used for any other purpose.
\nArticle 14. Both chambers must appoint a commissary from
\namong themselves who is to note all negotiations and take care
\nthat the fixed norms are observed in the collaborative debt
\nrepayment commission.
\nArticle 15. In extraordinary cases in which impending foreign
\ndangers urgently necessitate the borrowing of capital, and the
\nconvening of the Estates is made impossible by foreign relations,
\nthese commissaries shall be entitled to the power to grant the
\npreliminary approval of the Estates for the borrowing of funds.
\nAs soon as the convening of the Estates is made possible, all
\nnegotiations regarding this borrowing of capital shall be<\/p>\n
23
\nsubmitted to them to be recorded in the State debt index.
\nArticle 16. At each assembly, the Estates shall be provided with
\nan exact presentation of the condition of the State debt
\nrepayment treasury.
\nArticle 17. The Estates have the right to approval regarding the
\nselling or use of the substance of common trusts for purposes
\ndeparting from their original functions.
\nArticle 18. Similarly, their approval is required for the awarding
\nof State domains or State pensions for the rewarding of great and
\nparticular services to the State.
\nArticle 19. The Estates have the right to bring the King their
\ncollective wishes and proposals in the appropriate form when
\nrelated to matters belonging in their spheres.
\nArticle 20. Each individual assemblyman has the right to bring
\nhis wishes and proposals to his chamber, who shall decide
\nthrough a majority of voices whether these shall be taken up for
\ncloser consideration, and in the affirmative case they shall be
\nbrought to the related committee for scrutiny and evaluation.
\nThe decisions made regarding such proposals in one chamber
\nmust be shared with the other chamber, and only after the
\napproval of the other chamber can they be submitted to the King.
\nArticle 21. Each individual citizen as well as every community
\ncan bring complaints regarding violations of constitutional rights
\nto the Estates assembly (to either of the two chambers, to be
\nspecific). The chamber shall evaluate the complaint through the
\ncommittee designated for this purpose, and if the committee
\nfinds it appropriate, it shall be taken up for debate.
\nIf the chamber finds the complaint to be founded through a
\nmajority of voices, it shall share the drafted proposal for the King
\nwith the other chamber, who shall give the King a joint
\npresentation with the original chamber if it approves of the
\nproposal.<\/p>\n
24
\nArticle 22. The King shall call the Estates together at least once
\nevery three years.
\nThe King shall open and close the assembly either by his own
\nperson or through a delegate empowered specifically for this
\npurpose.
\nThe sessions of such an assembly may not last longer than two
\nmonths, as a rule, and in their sessions the Estates are required
\nto discuss all matters brought to them by the King before any
\nother items.
\nArticle 23. The King shall always have the right to lengthen or
\nadjourn the sessions of the Estates, or to dissolve the entire
\nassembly.
\nIn case of dissolution of the entire assembly, a new election of
\nthe chamber of assemblymen must be conducted within three
\nmonths.
\nArticle 24. The State ministers can attend the sessions of both
\nchambers, even if they are not members.
\nArticle 25. Each member of the Estates assembly must perform
\nthe following oath:
\n\u201cI swear loyalty to the King, obedience to the laws, observation
\nand upholding of the State constitution, and in the Estates
\nassembly to counsel according to my inner convictions only for
\nthe general well-being and best of the whole country without
\nconsideration for specific peoples or classes. May God and his
\nholy Gospel truly help me.\u201d
\nArticle 26. No member of the Estates assembly can be arrested
\nduring the course of a session without the consent of the
\nchamber concerned. There is, however, an exception for the case
\nof seizure after a freshly committed crime.
\nArticle 27. No member of the Estates assembly can be made to<\/p>\n
25
\nexplain the use of his voice that he brought forth in his chamber,
\nexcept when following the rules of procedure and if he is asked by
\nthe assembly itself.
\nArticle 28. A matter about which the two chambers do not agree
\ncannot be brought back for discussion during the course of the
\nsame session.
\nArticle 29. The decisions of the King regarding the proposals of
\nthe Estates of the Kingdom shall not follow the submission of
\neach individual proposal; rather they shall follow after all
\nnegotiated matters simultaneously at the time of the closing of
\nthe assembly.
\nArticle 30. The King shall sanction all laws and shall enact them
\nwith his signature, after the examination of the State council and
\nfollowing the advice and approval of the devoted and the true,
\ni.e. the Estates of the Kingdom.
\nArticle 31. When the assembly of the Estates of the Kingdom is
\nadjourned, formally closed or dissolved, the chambers can no
\nlonger legally deliberate, and any further negotiation is
\nillegitimate.
\nPart VIII
\nOf the Administration of Justice
\nArticle 1. The control of jurisdiction begins with the King. It shall
\nbe managed under his supervision through an appropriate
\nnumber of offices and high courts in an instance order decided
\nthrough law.
\nArticle 2. All courts are obligated to attach the reasons for their
\nrulings to all verdicts.
\nArticle 3. All courts are independent inside of the boundaries of
\ntheir official powers, and judges can only dismissed or displaced
\nfrom their positions and stripped of the salary associated with
\ntheir positions through adjudication.<\/p>\n
26
\nArticle 4. The King can grant clemency in criminal cases, and he
\ncan soften the penalty or excuse the crime, but under no
\ncircumstance can he impede a pending litigation or an
\ninvestigation already under way.
\nArticle 5. The financial administration of the King shall subject
\nitself to the jurisdiction of the courts of the King in all disputes
\nrelated to their relationship to private law.
\nArticle 6. Property and asset confiscation shall not occur under
\nany circumstance except desertion.
\nArticle 7. The same civil and criminal code of law shall be in
\nforce throughout the entire Kingdom.
\nPart IX
\nOf the Form of the Military
\nArticle 1. Every citizen of Bavaria is obligated to cooperate with
\nthe laws relating to the military in order to defend his home
\ncountry.
\nThe clergy are exempted from the obligation to carry weapons.
\nArticle 2. The State shall have a standing army for its defense. It
\nshall be supplemented through common military conscription and
\nproperly maintained even in times of peace.
\nArticle 3. In addition to this army there shall also be reserve
\nbattalions and a militia.
\nArticle 4. The reserve battalions are designated to strengthen
\nthe standing army, and share all duties, honors and benefits with
\nthe standing army when the reserves are needed. In times of
\npeace the entirety of the reserve battalions shall remain in their
\nplace of residence, free of all military compulsions, with the
\nexception of the time required for practicing with weapons. In
\nthese times they shall be subject to civil jurisdiction and civil law,
\nwithout being hindered in their ability to marry or change their
\nplace of residence.<\/p>\n
27
\nArticle 5. The militia can join into military activity in times of war
\nin order to support the army already strengthened by the reserve
\nbattalions when specially called by the King, however they must
\nremain within the borders of the Kingdom.
\nIn order for this mass to be used most advantageously it shall be
\nsplit into two branches, the second understood to be for
\nindividuals who are less capable of mobilization, and who shall
\nnot be used outside of their area under any circumstance.
\nIn times of peace the militia shall work for the preservation of
\ninner security as long as it is necessary and the troops
\ndesignated for this preservation are not sufficient.
\nArticle 6. The army shall act against foreign enemies, but within
\nthe country they shall only act when military power is formally
\ncalled upon by the competent civil authority.
\nArticle 7. Military persons shall be under military jurisdiction
\nregarding crimes or misdemeanors when conducting official
\nmilitary business, however in common or mixed legal matters
\nthey shall be subject to civil courts.
\nPart IX
\nOf the Protection of the Constitution
\nArticle 1. Upon entrance into the government the King shall
\nswear the following oath in a formal assembly of the State
\nminister, the members of the State council and a deputation of
\nthe Estates, during a time in which they are already assembled.
\n\u201cI swear to govern according to the Constitution and the laws of
\nthe Kingdom. May God and His holy Gospel truly help me.\u201d
\nA document shall be written about this act, and it shall be
\ndeposited in the archive of the Kingdom and an authenticated
\ncopy shall be given to the Estates assembly.
\nArticle 2. In relation to the preservation of the constitution, the<\/p>\n
28
\nregent of the Kingdom shall perform the oath prescribed in Part II,
\nArticle 16.
\nAll princes of the house of the King shall also perform an oath
\nswearing strict observation of the constitution as soon as they are
\nof age.
\nArticle 3. When becoming residents and when making the
\ncommon obeisance to the country all State citizens are obligated
\nto take the following oath:
\n\u201cI swear loyalty to the King, obedience to the laws and
\nobservation of the State constitution. May God and His holy
\nGospel truly help me.\u201d
\nAll State servants are also required to take the above oath upon
\ntheir appointment.
\nArticle 4. The State ministers of the King and all State servants
\nare responsible for the strict observance of the constitution.
\nArticle 5. The Estates have the right to bring complaints to the
\nKing regarding violations of the constitution by the State
\nministries of the King or other State authorities. They shall bring
\nthe complaints as a collective claim, and the King shall either
\nremedy the violation on the spot, or if a doubt should manifest
\nitself, he shall have the State council or the highest judiciary
\ninvestigate the nature of the matter and subsequently make a
\ndecision.
\nArticle 6. If the Estates find themselves called upon by their
\nduties to make a formal accusation against a higher State officer
\ndue to a deliberate violation of the constitution, the details of the
\naccusation shall be precisely identified and evaluated by a special
\ncommittee in each chamber.
\nIf both of the chambers agree on their decision regarding the
\naccusation, they shall bring it to the King with their sources in the
\nprescribed form.<\/p>\n
29
\nThe King shall then give the decision over to the highest judiciary,
\nwho, in the case of a necessary or voluntary appeal shall
\nassemble a different senate, even in the second instance. The
\nEstates shall be informed of the final verdict.
\nArticle 7. Neither changes to the regulations of the constitutional
\ncharter nor additions can be made without the approval of the
\nEstates.
\nProposals for changes and additions can only originate from the
\nKing, and only when he has brought them to the Estates can they
\nbe discussed.
\nFor a decision regarding this highly important matter to be valid,
\nthe presence of at least three-fourths of the members attending
\nthe assembly is required for each chamber, as well as a majority
\nof two-thirds of the voices.
\nIn announcing this constitutional law and the general
\nadherence and precise observation to it in all of its
\ncontents, including the supplementary edicts
\nidentified as addendums in the main charter, we also
\ndecree that the assembly of the Estates arranged
\nwithin it shall be convened on the first of January 1819
\nin order to exercise the rights belonging to their
\nspheres, and in the meantime preliminary
\npreparations necessary for this shall be arranged.
\nMaximilian Joseph<\/p>\n
Constitutional Texts: Bavaria 1808 and 1818 Constitutions<\/p>\n","protected":false},"excerpt":{"rendered":"
Constitutional Texts: Bavaria 1808 and 1818 Constitutions in Europe BAVARIA’S CONSTITUTION OF 1808 MAY 1ST, 1808 We Maximilian Joseph, by the grace of God King of Bavaria. We are governed by the conviction that as long as the State remains a mere aggregate of separate parts, it can […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4,232,52],"tags":[23,214,82],"_links":{"self":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/posts\/6113"}],"collection":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/comments?post=6113"}],"version-history":[{"count":0,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/posts\/6113\/revisions"}],"wp:attachment":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/media?parent=6113"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/categories?post=6113"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/tags?post=6113"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}