Constitutional Texts: Bavaria 1808 and 1818 Constitutions

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 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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appropriate 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.
We regulate and ordain according to the following:
Part I Main Regulations
Article 1. The Kingdom of Bavaria is part of the Rhenish Federation.
Article 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’s income.
Article 3. Serfdom, where still in existence, shall be hereby abolished.
Article 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.
Article 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’s 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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offices, 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.
Article 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’s goods, which whenever established shall be allocated to the dioceses and the religious chapters for endowment.
Article 7. The State grants all citizens personal and proprietary security complete freedom of conscience 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.
Article 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 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.
Part II Of the Royal House
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Article 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.
Article 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.
Article 3. After complete elimination of the male line, the heirship shall fall to the daughters and their male descendents.
Article 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.
Article 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’ male heirs.
Article 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.
Article 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.
Article 8. The royal Princes shall be of age upon the end of their 18th year.
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Article 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.
Article 10. Four royal officials shall be established for the Kingdom. A royal chief court official a royal chief administrator of finances a royal chief marshal 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.
Article 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.
Part III Of the Administration of the Kingdom
Article 1. The ministry shall be divided into 5 departments; foreign relations, justice, finance, interior and defense. The realms that
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each 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.
Article 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.
Article 3. The privy council shall only have an advisory vote in the exercising of its powers.
Article 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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A. A general assembly, and
B. A deputation
The 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
1. 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.
2. 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.
Article 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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more police actuaries for this purpose. For each municipal and rural community a local administration shall be arranged.
Article 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.
Article 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.
Part IV Of the National Representative Body
Article 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.
Article 2. The King shall appoint a president and four secretaries from the members of the assembly for the duration of one or more sessions.
Article 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.
Article 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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Article 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.
Article 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.
Article 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.
Part V Of the Judiciary
Article 1. The judiciary shall be managed by upper and lower courts, in appropriate numbers. Only one supreme court shall exist for the whole Kingdom.
Article 2. All courts shall be connected, lead by the same final judgments and reasons for their rulings.
Article 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.
Article 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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Article 5. The royal financial administration shall take legislation regarding all disputable affairs of civil law to the royal tribunals.
Article 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.
Article 7. The entire Kingdom shall establish its own civil code and criminal law.
Part VI Of the Military
Article 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.
Article 2. The troops shall be recruited by means of common military conscription.
Article 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.
Article 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.
Article 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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These 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.
People 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.
Given 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.
Max Joseph.
Baron of Montgelas, Count Morawizky, Baron of Hompesch.

CONSTITUTIONAL CHARTER FOR THE KINGDOM OF BAVARIA
MAY 26, 1818
Guided and steeped in the exceptionally important
duties of the regent, We have forged an identity for
Our hitherto existing government with arrangements
that certify Our continuous endeavor to advance the
collective well-being of Our subjects. In order to build
a firmer foundation for this, We already gave Our
Kingdom a constitution in the year 1808, appropriate
for the external and internal relations at the time, in
which We already introduced an Estates assembly and
incorporated it as a fundamental component of our
Kingdom. The monumental and unprecedented world
events that did not leave a single German State
untouched, and during which the people of Bavaria
immediately demonstrated themselves to be great
both while suffering under the pressure and while
surviving in battle had hardly reached their goal in the
Act of the Wiener Congress when We began to seek to
fulfill the requirements of Our State. We sought with
an unwavering gaze to achieve Our goal, Our work
only being interrupted by the events at that time. The
preliminary works arranged to this end in the year
1814 and the decree from the 2nd of February 1817
attest to the firm determination We already possessed
at an earlier date. The present act is, after advanced
mature and multilateral consulting, and after the
examination of Our State council, the work of Our both
free and determined desire. Our people will find in its
contents the strongest guarantee of Our disposition
towards the country of Our Fatherland.
Freedom of conscience, and the conscientious
separation and protection of that which is of the State
and that which is of the Church.
Freedom of opinion, with lawful restrictions against

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misuse.
The same rights of all natives to all degrees of State
service and to all designations of merit.
The same call to the duty and honor of carrying
weapons.
Equality of laws and before the laws.
Evenhandedness and persistence in the administration
of justice.
Equality in the allocation and the obligation of
services.
Order throughout all parts of the State housekeeping,
legal protection of State credit, and assured usage of
the means designated to be employed for that cause.
The revitalization of the community body through the
refurnishing of the administration of matters
concerning their well-being to those closest to them.
A union of Estates emerging from all classes of citizens
residentiary in the State, with the rights of council, of
approval, of consent, of requests and of registering
complaints regarding the violation of constitutional
rights, convening in a public assembly in order to
strengthen the wisdom of council without weakening
the power of the government.
Finally a protection of the constitution, securing the
State against arbitrary changes, but not hindering the
amelioration process after evaluating experiences.
Bavaria! These are the main features of the
constitution given to you out of Our free resolution.
See in it the principles of a King who only finds
happiness in his heart and renown for his throne in the

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felicity of his Fatherland and love for his people!
We declare the following regulations to be the
constitution of the Kingdom of Bavaria:
Part I
General Regulations
Article 1. The Kingdom of Bavaria, in the unity of the entirety of
all its old and new regional parts, is a sovereign monarchical
State according to the regulations of the present constitutional
charter.
Article 2. For the entire Kingdom there shall be a common
Estates assembly, separated into two chambers.
Part II
Of the King and the Succession to the Throne, and of the Regent
of the Kingdom
Article 1. The King is the head of State and unifies in himself all
the rights and powers of the State, and shall exercise them under
the fixed regulations of the present constitutional charter that he
himself has given.
His person is sacred and inviolable.
Article 2. The crown is inheritable in the male line of the house
of the King, according to the right of the first born and agnatic
linear succession.
Article 3. In order for a man to be able to succeed to the throne,
the requirement is a legitimate birth out of the marriage of two
persons of equal status, whose wedlock is completed with the
consent of the King.
Article 4. The male line has priority over the female
descendants, and the princesses are barred from taking on
governmental positions as long as there still exists either a male
heir from the house of the King who is able to succeed to the

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throne, or a prince who has been qualified for succession to the
throne through an inheritance-brotherhood.
Article 5. After complete elimination of the male line and lacking
an inheritance-brotherhood which has been completed with
another princely house in the German Federation for this
circumstance, the heirship shall fall to the female descendants
according to the order of succession fixed for the male line. This
shall occur in such a way that at the time of the passing of the
last ruling King, the next living Bavarian princess or her
descendant shall be called to the throne, regardless of gender,
and as if this heir were a prince of the original male line of the
Bavarian house, according to the right of the first born and linear
order of succession.
If descendants of the first rank of both genders are born into the
new house of the King, the priority of the male gender over the
female shall again come into effect.
Article 6. If, after the elimination of the male line, the Bavarian
crown should fall to the regent of a greater monarchy, who could
or would not take up residence in the Kingdom of Bavaria, the
crown shall fall to the second born prince of this house, and in
this line the same regulations regarding succession should come
into effect as are denoted above.
If the crown should fall, however, to the wife of such a greater
non-resident monarch, she shall indeed become Queen, however
she must appoint a Vice-King, who shall take up his residence in
the capital city of the Kingdom, and the crown shall fall to her
second born prince after her passing.
Article 7. The princes and princesses of the house of the King
shall be of age upon the end of their 18th year.
Article 8. All other relations of the members of the house of the
King shall comply with the regulations of the pragmatic Family-
Law.
Article 9. The alternate means of administration of the Kingdom

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shall come into effect:
A. During the time in which the successor to the throne is
under age;
B. If the successor to the throne is prevented from
exercising the rights and powers of the government for a
substantial length of time and has not made a decision
regarding provisions for such an occurrence, and is unable
to make such a decision.
Article 10. The monarch is free to choose an alternate
administrator from the princes of the house who are of age, who
shall act as regent for the duration of the time in which his
successor is under age. Lacking such a provisionary decision, the
administration of the Kingdom shall fall to the next agnate of age,
according to the fixed order of succession.
If the prince to whom the administration falls according to the
above regulation is himself still under age, or if he is otherwise
prevented to take over the regency, the administration shall fall
to the next agnate after him.
Article 11. If the Monarch should be hindered from exercising the
rights and powers of the government for any reason and this
hindrance should last for longer than a year, and he himself has
not made a decision regarding provisions for such a
circumstance, nor can he, the same lawful regency shall occur as
would if the successor to the crown were under age. This shall
take place with the approval of the Estates, who shall be notified
of the cause of the hindrance.
Article 12. If the King should appoint an alternate administrator
in case of his successor being under age according to Article 10,
the charter written on the subject shall be presented to the entire
State ministry for inspection and public notification. The minister
who is assigned the duties related to the house of the King shall
keep the document in the house archive until the passing of the
Monarch. The administrator of the Kingdom shall be informed of
the charter containing the information regarding his appointment

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at the same time.
Article 13. If no agnate capable of taking over the administration
of the Kingdom exists, but the Monarch leaves behind a widowed
Queen, the administration of the Kingdom shall fall to the Queen.
Lacking a capable agnate and Queen, the officer of the crown
appointed by the last Monarch shall take over the administration.
If the last King did not make a decision regarding this matter, the
administration shall fall to the first officer of the crown for whom
no legal hindrance exists.
Article 14. In any case, a widowed Queen shall be entitled to
educate her children under the supervision of the administrator of
the Kingdom, according to the detailed regulations regarding
such a case included in the Family-Law.
Article 15. In the cases identified in Article 9 A and B, the
government shall be run in the name of the under-aged successor
or of the Monarch hindered from exercising the rights and powers
of the government.
All orders shall be issued in his name and under the customary
seal of the King. All coins shall be embossed with his portrait,
crest, and title.
The regent shall sign as: “the Administrator of the Kingdom of
Bavaria” .
Article 16. The prince of the house, the widowed Queen or the
officer of the crown to whom the administration of the Kingdom is
assigned must call for an Estates assembly immediately after
entrance upon the regency. He must swear the following oath in
their midst, with both the State minister and the members of the
State council present:
“I swear to govern the State as is appropriate according to the
constitution and the laws of the Kingdom, to maintain the
integrity of the Kingdom and the rights of the crown, and to
faithfully turn over to the King the power that has been trusted to
me; may God and His holy Gospel truly help me.”
about which a special record shall be written.
Article 17. The regent shall exercise all rights of the government
during his administration of the Kingdom, with the exception of
the rights that have been excluded through the constitution.
Article 18. All empty offices, with the exception of judiciary
positions, can only be filled provisionally during the
administration of the alternative regent. The administrator of the
Kingdom can neither divest property of the crown nor reaward
fiefdoms that have become property of the Kingdom nor
introduce new offices.
Article 19. The council of the regency shall consist of the entire
State ministry, and the administrator of the Kingdom is bound to
take its advice on all important matters.
Article 20. The administrator of the Kingdom shall live in the
residence of the King for the duration of his regency, and shall be
financially supported in such by the State. Also, in addition to that
he shall be allocated two-hundred-thousand gulden yearly for his
own disposal in the form of monthly installments from the State
treasury.
Article 21. The regency shall last in the two cases noted in
Article 9 for the following: in the case of the first, until the King is
of age, and in the second, until the hindrance ceases.
Article 22. After the regency of the alternative administrator has
ended and the newly entering King has sworn the ceremonial
oath (Part X Article 1), all negotiations of the former regency shall
be closed, and the King’s entrance into the government shall be
ceremonially announced in the residence and in the entire
Kingdom.
Part III
Of the Property of the State

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Article 1. The whole area of the Kingdom of Bavaria forms one
singular, indivisible, unsaleable mass consisting of all
components of land, people, authorities, goods and properties,
seigniorages, and pensions, along with all accessories.
Also all new acquisitions of immobile property from private titles
shall come into the inheritance of the male line and shall be seen
as incorporated into the mass of the Kingdom, if they are
acquired by the main or auxiliary line and if the first acquirer did
not dispose of them during his lifetime.
Article 2. The following belong to the unsaleable property of the
State that may not be brought into the inventory of a private
estate if the property of the State and of a private estate is to be
sorted:
1. All archives and filings,
2. All public establishments and buildings with their
accessories,
3. All guns and cannons, ammunition, all military
storerooms and anything necessary for the armed forces,
4. All facilities of the court chapels and court offices with all
of their contents that have been defined as necessary for
the requirements or the splendor of the court, and which
have been entrusted to the supervision of the court staff or
the court directors,
5. Everything that serves as facilities or as adornments for
both the regular and summer residences,
6. The treasures of the house and anything that has been
incorporated into it by a bequeather,
7. All collections for the arts and sciences including:
libraries, physical, natural, and coin collections, antiques,
statues, observatories with their instruments, paintings and
copper engraving collections, as well as any other items

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that have been designated for public use or for the
promotion of the arts and sciences,
8. All available supplies of cash and capital in the State
treasury or of natural produce in offices, including all
endowments to State income,
9. Everything acquired by the funds of the State.
Article 3. All components of State goods and property are
unsaleable in perpetuity, as was decided in the pragmatic law
from the 20th of October 1804. The regulations that still apply
despite changing relations shall be carried over to the present
constitutional charter. These regulations are subject to the
modifications following below.
Above all, all rights of sovereignty of the primogeniture shall
remain undivided and imprescriptible, without exception.
Article 4. Under the term sale in regards to State goods or
property shall be understood not only each real sale, but also
every gift exchanged between the living or anything given
through a last will, the awarding of new fiefdoms, or the weight of
a permanent burden, pledge or dedication lightened by the
acceptance of a sum of money.
Also, no citizen of the State may be allowed to be freed from
paying public burdens.
Article 5. The fiefdoms, State domains, and pensions that have
already been awarded as compensation for service to the State
are excluded from the above prohibitions.
Also, the King shall always be free to reaward fiefdoms that have
again become property of the Kingdom.
In order to compensate for great and determined services to the
State, other State domains or pensions may be awarded, but only
with the approval of the Estates. They shall adopt the property of
being a fiefdom of the crown only inheritable in the male line.

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Entitlements to goods and property that will again become
property of the State in the future, pensions, and rights cannot be
awarded just as offices and honors cannot.
Article 6. The following should further not be understood to be
prohibited from selling:
1. All State deeds of the monarch related to goods and
property either originating from the royal family or
belonging to the State that are conducted within the
boundaries of the governing rights to which he is entitled,
and for the purpose of State welfare in regards to either
foreigners or subjects in the country .
2. This applies especially if he is trading individual goods,
property, or income for either the obtainment or securing of
other goods, property, pensions, or rights in order to end a
pending legal dispute, or if he is giving property to a
neighboring State for purposes of border rectification and if
it is traded for a commensurate replacement.
3. This also applies especially to what is traded for other
material items or rights or the same value.
4. This also applies especially to all individual sales or
modifications that are found to be good for the advancing
State economy, promoting the culture of the country,
contribute in some other way to the welfare of the State, or
are in the best interest of the State successor and help to
abolish a detrimental self-administration. These sales or
modifications must be related to State goods or property,
correspond to and follow recently enacted prescriptions, and
be in line with the basic principles of the country.
Article 7. In all of these cases (Article 6), however, the State
income may not be reduced, rather as a replacement either
dominical pensions should be collected, if possible in the form of
crops, or the purchasing money should be used for new
purchases, or as temporary aid for a fund to pay off debt, or be

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used in some other way with the intent of improving the welfare
of the State.
The monarch can make purposeful modifications and
improvements in regards to the assets termed saleable (Article 2)
in accordance with the time and circumstances.
Part IV
Of General Rights and Duties
Article 1. For the full enjoyment of all citizenly, public, and
private rights in Bavaria, native status is required. This can be
acquired either through birth or through naturalization, according
to the detailed regulations of the edict concerning native status.
Article 2. The rights of citizens of the State of Bavaria rely on the
condition of native status, and shall be lost if native status is lost.
Article 3. In addition to this, the following shall also be required
in order to obtain all citizenly rights:
A. The state of being legally of age;
B. Residency in the Kingdom, either through the possession
of taxed property, pensions, or rights, or through the
practicing of a taxed trade, or through entering a public
office.
Article 4. Offices of the crown, high-level offices of the court,
State civil service positions and high-level military positions, as
well as church offices or benefices can only be conferred to those
born into the State or those naturalized in accordance with the
regulations in the constitution.
Article 5. Every citizen of Bavaria can attain any civil, military, or
church office or benefice, with no differences in treatment
according to class or other distinctions.
Article 6. Within the area of the Kingdom no serfdom may be
practiced, in accordance with the detailed regulations of the edict

13
from the 3rd of August 1808.
Article 7. All unmeasured soccages shall be measured and shall
also become detachable.
Article 8. The State guarantees every resident security for his
person, his property and his rights.
From no one may his proper judge be withdrawn.
No one may be pursued or imprisoned except in cases defined by
the law and in lawful form.
No one may be forced to relinquish his private property for public
purposes, except after a formal decision made by the assembled
State council, and after advanced reimbursement, as was
decided in the ordinance from the 14th of August 1815.
Article 9. Every resident shall be guaranteed complete freedom
of conscience, therefore no one may be forbidden from
worshipping in the confines of his own home, regardless of the
religion to which he professes himself.
The three Christian church associations present in the Kingdom
shall enjoy the same civil and political rights.
The holders of non-Christian beliefs shall indeed also have
complete freedom of conscience, however, they shall only obtain
the portion of civil rights of the State that are guaranteed to them
through the organic edicts concerning their incorporation into the
State community.
For all religious chapters, without exception, both the property of
their foundations and their property used for the enjoyment of
their pensions shall be completely secured, according to the
original charters concerning foundations and legal assets,
regardless of whether they are designated for religious purposes,
education, or charity.
The religious powers may not be impeded in their proper sphere,

14
and the secular government may not interfere with purely
religious matters such as the teaching of religion and conscience.
This shall be true until the highest protection and oversight right
becomes effective, according to which no ordinances or laws
regarding the powers of the Church may be promulgated or
implemented without prior inspection and placet by the King.
The churches and the clergy shall be held to the laws of the State
and the secular courts in their civil activities and relationships as
well as in regards to the assets belonging to them. Also, they
cannot appeal for exemption from public State burdens.
The remaining detailed regulations regarding the rights to
expression in relations of the residents of the Kingdom and the
relationship between religion and the churchly communities are
attached to the present constitutional charter and contained in
the special edicts.
Article 10. All of the assets of the foundations of the Church
used for the three purposes of religious institutions, education, or
charity shall also be placed under the special State security.
Under no pretense may their financial assets be collected.
Nothing may be sold or used for anything besides the three
aforementioned purposes without the agreement of those
involved, and when concerning universal foundations the
agreement of the Estates of the Kingdom is additionally required.
Article 11. The freedoms of the press and of the book trade are
secured according to the regulations of an enacted special edict
concerning this matter.
Article 12. Every citizen of Bavaria has the same obligation to
military service and to the armed forces according to the laws
existing for such cases.
Article 13. The contribution to State burdens shall be the same
for all citizens of the Kingdom. No exception shall be made for
any Estate (viz. social class), and no regard shall be held for
formerly existing special exemptions.

15
Article 14. Citizens of Bavaria are permitted to emigrate to
another State so long as they can demonstrate that the State in
question wants to take them as subjects and they have
performed their lawful duties to their present home country. If
such is the case, they may also participate in the military service
of their new home country.
As long as they remain in a subject-union, however, they may
neither accept a salary nor honors from a foreign power without
the express permission of the monarch.
Part V
Of Special Rights and Benefits
Article 1. The officers of the crown shall be awarded the fiefdoms
of the crown, as they have the highest honors of the Kingdom.
These fiefdoms shall belong to them either for the duration of
their lifetime, or they shall be passed down by the right of the
first born and agnatic linear inheritance. The officers of the crown
are members of the first chamber in the Estates assembly by
virtue of having honors of the Kingdom.
Article 2. The princes and counts who were formerly of the
Estates of the Kingdom shall be guaranteed all rights and benefits
mentioned in the special edicts defining their relations.
Article 3. The nobility of the Kingdom of Bavaria who were
formerly immediately subordinate to the Bavarian Highness shall
enjoy the rights deemed appropriate in the kingly declaration and
guaranteed to them through the constitutional edicts.
Article 4. All of the rest of the nobility of the Kingdom shall retain
their rights as landlords, as shall all landowners, according to the
legal regulations on the matter.
Apropos, these persons also have the following benefits to enjoy:
1. The exclusive right to be able to exercise their landlordly
jurisdiction,

16
2. The right to establish a family majorat for landed
property,
3. The right to a jurisdiction separate from the district court
in civil and criminal cases,
4. The right to have their own seal under the restrictions of
the laws regarding hypothecary, and finally
5. The distinction that the sons of the nobility shall enter as
cadets when conscribing to the military.
Article 5. Some of these benefits are shared by the clergy,
ordained collegiate councilors, and high officers belonging to the
same category as this.
The clergy shall enjoy the same right to a jurisdiction separate
from the district court in civil and criminal cases, and besides this
collegiate councilors and high officers shall also enjoy the right to
have their own seal and the higher distinction when conscribing
to the military.
Article 6. The duty relations and pension requirements of State
servants and public officers comply with the regulations of the
pragmatic laws regarding service.
Part VI
Of the Estates Assembly
Article 1. The two chambers of the general assembly of the
Estates of the Kingdom are:
A. The chamber of the Kingdom councilors, and
B. The chamber of the assemblymen.
Article 2. The chamber of the Kingdom councilors is comprised
of:
1. The princes who are of age and of the house of the King,

17
2. The Kingdom’s officers of the crown,
3. The two archbishops,
4. The heads of the former princely and countly families of
the Estates of the Kingdom as hereditary councilors, as long
as they remain in possession of their lordship of a formerly
kingdomly Estate located in the Kingdom,
5. A bishop appointed by the King and a president of the
protestant general consistory, and
6. Persons who the King specially appoints for either
hereditary or lifelong positions as members of this chamber
due to great services to the State, the family they were born
into, or their assets.
Article 3. The King shall only award the right to inheritance to
noble possessors of property who hold all citizenly rights in the
Kingdom and have landed assets that have been registered with
a fiefdom or majorat organization and compound at least threehundred
gulden in property and dominical taxes and for which
agnatic linear inheritance according to the right of the first born
has been established.
The honors of a hereditary councilor of the Kingdom shall only
follow the inheritor of the property on which the majorat of the
original councilor is founded.
Article 4. The number of councilors of the Kingdom who are
appointed for the term of their lives cannot exceed one-third of
the number of those whose appointment is hereditary.
Article 5. The councilors of the Kingdom shall be admitted to the
first chamber when they are of age, however, the princes of the
house of the King shall only receive a voice at the age of twentyone,
and the remaining councilors of the Kingdom shall only
receive a voice at the age of twenty-five.

18
Article 6. The chamber of the councilors of the Kingdom can only
be opened if at least half of all of the members are present.
Article 7. The second chamber of the Estates assembly is
comprised of:
A. The possessors of property who exercise a landlordly
jurisdiction and do not have a seat and voice in the first
chamber,
B. Assemblymen from the universities,
C. Clergymen of the catholic and protestant churches,
D. Assemblymen from the cities and market-towns,
E. Possessors of property not pertaining to A.
Article 8. The number of members shall on the whole conform to
the number of families in the Kingdom in the ratio of one
assemblyman for every 7,000 families.
Article 9. From the number designated in that manner:
A. The class of noble possessors of property shall provide
one-eighth,
B. The class of the clergy of the catholic and protestant
churches shall provide one-eighth,
C. The class from the cities and market-towns shall provide
one-fourth,
D. The class of the remaining possessors of property who
do not exercise a landlordly jurisdiction shall provide twofourths
of the assemblymen, and
E. Each of the three universities shall provide one member.
Article 10. The number of assemblymen from each class shall be

19
distributed among the individual governmental districts according
to the regulations of the attached special edicts regarding the
Estates assembly.
Article 11. In each governmental district each class shall elect
the number of assemblymen designated for itself according to
the prescribed regulations regarding election in the abovementioned
edicts. They shall be elected for the six-year duration
of the assembly. The positions that are emptied during that time
shall be filled by those who come next in the order of number of
votes received.
Article 12. Every member of the chamber of assemblymen must
be an independent citizen (without consideration for class or
service relations) who has reached his thirty-first birthday and
possesses the free enjoyment of property and assets located in a
relevant area or city that ensures his independent livelihood, and
which has been designated as adequate in the edicts through the
fixed quantity of annual taxes paid.
He must identify himself with one of the three Christian religions
and may never have undergone a special investigation due to a
crime or misdemeanor without having been completely acquitted.
Article 13. Every six years a new election of assemblymen shall
be conducted, but otherwise only in the event that the chamber
is dissolved by the King.
Members who have left or resigned are reelectable.
Article 14. The resignation of an already appointed member shall
occur in the course of the duration of the assembly if:
1. He ceases to hold the possession, the court trade, or the
religious benefice that substantiated his election for the
relevant governmental area or class for any reason
whatsoever without replacing such in the same area, city, or
class.
2. The member loses one of the above (Article 12)

20
essentially necessary attributes for passive electability
during that time.
In these cases the chamber of assemblymen must decide their
course of action based on the notification and after the
questioning of those involved.
Article 15. In order for the assembly of the chamber of
assemblymen to be valid the attendance of at least two-thirds of
the elected members is required.
Article 16. The chamber of the councilors of the Kingdom shall
be called together, opened, and closed at the same time as the
chamber of assemblymen.
Article 17. No member of the first or second chamber may let
himself be represented by a delegate during an assembly.
Article 18. The proposals regarding State burdens shall first be
handled in the chamber of assemblymen and shall then be
brought to the chamber of the councilors of the Kingdom through
them.
All other matters can be submitted to either chamber first
according to the decision of the King.
Article 19. No matter concerning spheres related universally to
all of the Estates of the Kingdom can be deliberated on in one
chamber alone with the expectation of the effect of a valid
agreement of the Estates.
Part VII
Of the Spheres of the Estates Assembly
Article 1. The two chambers can only discuss matters that
belong in their own spheres (which are described in greater detail
in Articles 2 through 19).
Article 2. Without the council and the agreement of the Estates
of the Kingdom, no general new law pertaining to personal

21
freedom or the property of the citizens of the State may be
enacted, nor may an existing law be changed, authentically
elucidated or abolished.
Article 3. The King shall acquire the agreement of the Estates for
the collection of all direct taxes, as well as for the collection of
new indirect burdens, or for the increasing or changing of existing
ones.
Article 4. Due to this, the Estates shall be provided with the
exact overview of the State requirements as well as the whole
record of the State revenue (budget) after their opening. They
shall then verify it through a committee and only then begin to
discuss the taxes to be collected.
Article 5. The direct taxes required for covering the proper,
consistent, and easily foreseeable State expenses including a
necessary reserve fund shall be approved each time for the
duration of six years.
However, in order to avoid any delay in State housekeeping, in
the State year in which the first Estates assembly is to be
convened, the collected State burdens from the previous State
year shall be again collected.
Article 6. One year before the expiration of the term for which
the expenses have been fixed (thus after the course of six years),
the King shall submit a new budget to the Estates for the six
years to follow that term.
Article 7. In the event that the King is hindered in his ability to
assemble the Estates in this last year of the properly approved
tax budget due to extraordinary foreign relations, he shall be
granted the power to continue with the last agreed upon tax
budget for half a year.
Article 8. In cases of extraordinary and unforeseen requirements
and inadequacy of the existing State income to cover such
requirements, the necessary extraordinary burdens shall be
submitted for the approval of the Estates.

22
Article 9. The Estates may not connect approval of taxes with
any condition whatsoever.
Article 10. The Estates of the Kingdom shall be provided with a
precise presentation regarding the use of State income at each
and every Estates assembly.
Article 11. The entire State debt shall be placed under the care
of the Estates.
For each new State debt through which the currently existing
debt mass in the capital sum or the annual interest yield is
increased, the approval of the Estates of the Kingdom is required.
Article 12. Such an augmentation of State debt may only occur
for urgent and extraordinary requirements of the State that the
subjects cannot contest in disapproval of the great cost to them
(whether related to the ordinary or extraordinary dues), and if the
dues are honorably used for the true good and gain of the
country.
Article 13. A debt repayment plan shall be submitted to the
Estates, and without their consent no change may be made to
the plan already accepted by them, nor may income designated
for debt repayment be used for any other purpose.
Article 14. Both chambers must appoint a commissary from
among themselves who is to note all negotiations and take care
that the fixed norms are observed in the collaborative debt
repayment commission.
Article 15. In extraordinary cases in which impending foreign
dangers urgently necessitate the borrowing of capital, and the
convening of the Estates is made impossible by foreign relations,
these commissaries shall be entitled to the power to grant the
preliminary approval of the Estates for the borrowing of funds.
As soon as the convening of the Estates is made possible, all
negotiations regarding this borrowing of capital shall be

23
submitted to them to be recorded in the State debt index.
Article 16. At each assembly, the Estates shall be provided with
an exact presentation of the condition of the State debt
repayment treasury.
Article 17. The Estates have the right to approval regarding the
selling or use of the substance of common trusts for purposes
departing from their original functions.
Article 18. Similarly, their approval is required for the awarding
of State domains or State pensions for the rewarding of great and
particular services to the State.
Article 19. The Estates have the right to bring the King their
collective wishes and proposals in the appropriate form when
related to matters belonging in their spheres.
Article 20. Each individual assemblyman has the right to bring
his wishes and proposals to his chamber, who shall decide
through a majority of voices whether these shall be taken up for
closer consideration, and in the affirmative case they shall be
brought to the related committee for scrutiny and evaluation.
The decisions made regarding such proposals in one chamber
must be shared with the other chamber, and only after the
approval of the other chamber can they be submitted to the King.
Article 21. Each individual citizen as well as every community
can bring complaints regarding violations of constitutional rights
to the Estates assembly (to either of the two chambers, to be
specific). The chamber shall evaluate the complaint through the
committee designated for this purpose, and if the committee
finds it appropriate, it shall be taken up for debate.
If the chamber finds the complaint to be founded through a
majority of voices, it shall share the drafted proposal for the King
with the other chamber, who shall give the King a joint
presentation with the original chamber if it approves of the
proposal.

24
Article 22. The King shall call the Estates together at least once
every three years.
The King shall open and close the assembly either by his own
person or through a delegate empowered specifically for this
purpose.
The sessions of such an assembly may not last longer than two
months, as a rule, and in their sessions the Estates are required
to discuss all matters brought to them by the King before any
other items.
Article 23. The King shall always have the right to lengthen or
adjourn the sessions of the Estates, or to dissolve the entire
assembly.
In case of dissolution of the entire assembly, a new election of
the chamber of assemblymen must be conducted within three
months.
Article 24. The State ministers can attend the sessions of both
chambers, even if they are not members.
Article 25. Each member of the Estates assembly must perform
the following oath:
“I swear loyalty to the King, obedience to the laws, observation
and upholding of the State constitution, and in the Estates
assembly to counsel according to my inner convictions only for
the general well-being and best of the whole country without
consideration for specific peoples or classes. May God and his
holy Gospel truly help me.”
Article 26. No member of the Estates assembly can be arrested
during the course of a session without the consent of the
chamber concerned. There is, however, an exception for the case
of seizure after a freshly committed crime.
Article 27. No member of the Estates assembly can be made to

25
explain the use of his voice that he brought forth in his chamber,
except when following the rules of procedure and if he is asked by
the assembly itself.
Article 28. A matter about which the two chambers do not agree
cannot be brought back for discussion during the course of the
same session.
Article 29. The decisions of the King regarding the proposals of
the Estates of the Kingdom shall not follow the submission of
each individual proposal; rather they shall follow after all
negotiated matters simultaneously at the time of the closing of
the assembly.
Article 30. The King shall sanction all laws and shall enact them
with his signature, after the examination of the State council and
following the advice and approval of the devoted and the true,
i.e. the Estates of the Kingdom.
Article 31. When the assembly of the Estates of the Kingdom is
adjourned, formally closed or dissolved, the chambers can no
longer legally deliberate, and any further negotiation is
illegitimate.
Part VIII
Of the Administration of Justice
Article 1. The control of jurisdiction begins with the King. It shall
be managed under his supervision through an appropriate
number of offices and high courts in an instance order decided
through law.
Article 2. All courts are obligated to attach the reasons for their
rulings to all verdicts.
Article 3. All courts are independent inside of the boundaries of
their official powers, and judges can only dismissed or displaced
from their positions and stripped of the salary associated with
their positions through adjudication.

26
Article 4. The King can grant clemency in criminal cases, and he
can soften the penalty or excuse the crime, but under no
circumstance can he impede a pending litigation or an
investigation already under way.
Article 5. The financial administration of the King shall subject
itself to the jurisdiction of the courts of the King in all disputes
related to their relationship to private law.
Article 6. Property and asset confiscation shall not occur under
any circumstance except desertion.
Article 7. The same civil and criminal code of law shall be in
force throughout the entire Kingdom.
Part IX
Of the Form of the Military
Article 1. Every citizen of Bavaria is obligated to cooperate with
the laws relating to the military in order to defend his home
country.
The clergy are exempted from the obligation to carry weapons.
Article 2. The State shall have a standing army for its defense. It
shall be supplemented through common military conscription and
properly maintained even in times of peace.
Article 3. In addition to this army there shall also be reserve
battalions and a militia.
Article 4. The reserve battalions are designated to strengthen
the standing army, and share all duties, honors and benefits with
the standing army when the reserves are needed. In times of
peace the entirety of the reserve battalions shall remain in their
place of residence, free of all military compulsions, with the
exception of the time required for practicing with weapons. In
these times they shall be subject to civil jurisdiction and civil law,
without being hindered in their ability to marry or change their
place of residence.

27
Article 5. The militia can join into military activity in times of war
in order to support the army already strengthened by the reserve
battalions when specially called by the King, however they must
remain within the borders of the Kingdom.
In order for this mass to be used most advantageously it shall be
split into two branches, the second understood to be for
individuals who are less capable of mobilization, and who shall
not be used outside of their area under any circumstance.
In times of peace the militia shall work for the preservation of
inner security as long as it is necessary and the troops
designated for this preservation are not sufficient.
Article 6. The army shall act against foreign enemies, but within
the country they shall only act when military power is formally
called upon by the competent civil authority.
Article 7. Military persons shall be under military jurisdiction
regarding crimes or misdemeanors when conducting official
military business, however in common or mixed legal matters
they shall be subject to civil courts.
Part IX
Of the Protection of the Constitution
Article 1. Upon entrance into the government the King shall
swear the following oath in a formal assembly of the State
minister, the members of the State council and a deputation of
the Estates, during a time in which they are already assembled.
“I swear to govern according to the Constitution and the laws of
the Kingdom. May God and His holy Gospel truly help me.”
A document shall be written about this act, and it shall be
deposited in the archive of the Kingdom and an authenticated
copy shall be given to the Estates assembly.
Article 2. In relation to the preservation of the constitution, the

28
regent of the Kingdom shall perform the oath prescribed in Part II,
Article 16.
All princes of the house of the King shall also perform an oath
swearing strict observation of the constitution as soon as they are
of age.
Article 3. When becoming residents and when making the
common obeisance to the country all State citizens are obligated
to take the following oath:
“I swear loyalty to the King, obedience to the laws and
observation of the State constitution. May God and His holy
Gospel truly help me.”
All State servants are also required to take the above oath upon
their appointment.
Article 4. The State ministers of the King and all State servants
are responsible for the strict observance of the constitution.
Article 5. The Estates have the right to bring complaints to the
King regarding violations of the constitution by the State
ministries of the King or other State authorities. They shall bring
the complaints as a collective claim, and the King shall either
remedy the violation on the spot, or if a doubt should manifest
itself, he shall have the State council or the highest judiciary
investigate the nature of the matter and subsequently make a
decision.
Article 6. If the Estates find themselves called upon by their
duties to make a formal accusation against a higher State officer
due to a deliberate violation of the constitution, the details of the
accusation shall be precisely identified and evaluated by a special
committee in each chamber.
If both of the chambers agree on their decision regarding the
accusation, they shall bring it to the King with their sources in the
prescribed form.

29
The King shall then give the decision over to the highest judiciary,
who, in the case of a necessary or voluntary appeal shall
assemble a different senate, even in the second instance. The
Estates shall be informed of the final verdict.
Article 7. Neither changes to the regulations of the constitutional
charter nor additions can be made without the approval of the
Estates.
Proposals for changes and additions can only originate from the
King, and only when he has brought them to the Estates can they
be discussed.
For a decision regarding this highly important matter to be valid,
the presence of at least three-fourths of the members attending
the assembly is required for each chamber, as well as a majority
of two-thirds of the voices.
In announcing this constitutional law and the general
adherence and precise observation to it in all of its
contents, including the supplementary edicts
identified as addendums in the main charter, we also
decree that the assembly of the Estates arranged
within it shall be convened on the first of January 1819
in order to exercise the rights belonging to their
spheres, and in the meantime preliminary
preparations necessary for this shall be arranged.
Maximilian Joseph

Constitutional Texts: Bavaria 1808 and 1818 Constitutions

Author: international

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Constitutions, Education, country.