The Ausgleich
The form as presented to the Estates and the Diet,
As proposed by His Majesty,
For the purposes of everlasting concord and concomitant features,
In the name of the holy and indivisible Trinity, and the laws granted to us from the divine. Since human memory is short and does not suffice for a crowd of things, those things are to be written down which the progress of fleeting time generally removes from the knowledge of men. By rights of our election and attendant divine grace proceeding from the past dynasts, we put to rest present and future discords that may otherwise plague our realms and engender a general tide of upright unity and mutual prosperity, establishing the just rule of law in all questions
The sovereign person, who is monarch in many realms and lord of much more, shall remain united in a Dual Monarchy. The ancient rights of inheritance governing the noble territories reigned over shall fall entirely to the firstborn male, so that the duchies, margraviates, and counties comprising the noble territories will not be disunited and will remain subject to the first line of the dynasty.
Only the first son of the sovereign shall stand in election before the Diet and the Estates, swearing proper fealty to the laws which govern the realms and receiving in turn the approval and loyalty of the territories possessing those bodies, gaining thusly the appellation of King twice over. Neither shall the royal territories be disunited from each other or the noble territories, remaining together under a single sovereign while retaining all their proper features and independence.
In the case of unfortunate tragedy causing death or otherwise unambiguous incapacity, the combined inheritances and rights of the first son shall devolve upon the son next oldest of the sovereign, and shall thusly proceed through the male progeny. Upon the extinction of that entire class, the daughters of the sovereign are next. The seniormost shall inherit the lands and rights proceeding from her father, and her husband shall stand before the Diet and the Estates for election as Lord of the Kingdom, ruling in her steed but not of his own right. The title of King shall remain unrewarded, in trust for male heirs of the sovereign’s daughter, thought the daughter’s husband may also take the title Prince Consort. The daughter shall be elevated, then, to Queen of the realms, as well as the sovereign titles of the noble territories.
Her husband’s tenure is subject to the inheritance of the daughter, such that posthumous son of the previous sovereign or predeceasing death of the daughter deprives him of all rights and privileges awarded him. A male heir produced by the daughter, grandson of the previous sovereign, receives all the dominion and privileges held by his mother and her husband, becoming King of the realms and right and titled lord of the noble territories, and also stripping the power executed in trust for him by his mother’s husband, that is, the Lord of the Kingdom, reducing him in status to consort. Should the union between the sovereign’s succeeding daughter and her husband, whether confirmed yet as Lord of the Kingdom or not, be sundered by his death or by divine law, then she must seek out with deliberate speed a new consort to serve tenure as Lord of the Kingdom and with whom to produce an heir, lest otherwise her titles and authority, in their entirety, be stripped of her and pass to the next in the line of succession.
The selfsame procedures shall, if fit successor not extant, extend to the line of the monarch most recently previous to the late sovereign. Thus, in the tragic event of extinction of the sovereign’s entire family of children, then the next male heir of that sovereign’s predecessor—that is, the sovereign’s eldest fit brother—shall assume the royal scepter, inherit the lands and titles of the noble territories, and stand before the Diet and the Estates for the bodies and the brother to swear each their proper oaths and perform each their proper duties that he may accede to the royal thrones. In all manners shall he be considered sovereign, and equal to the former line of his late brother, so that through him and his heirs the sovereign authority may continue. The same formulae expanded upon in this document shall then apply to his continuance and that of his heirs. Should the eldest brother already have predeceased, then his line shall succeed, followed by the next eldest and his line, and so forth, in accordance with the structures already laid out and expanded to reach back to the sovereign at the adoption of this document. In the most grievous circumstances that the entire line fall extinct, then both realms should agree upon a single candidate to preserve the concord of the monarchy, while the noble territories are awarded according to proper custom.
The dignities and powers of the sovereign person shall remain inviolate and unabridged, though suitable candidate for Palatine for either royal realm may be appointed, at the discretion of the sovereign and approval of the respective body, whether the Diet or the Estates, for execution of such powers that the sovereign sees fit to devolve or law or custom requires for that post and for such tenure as agreed upon.
His Majesty shall appear before the Diet and the Estates each year, and so be properly welcomed as sovereign lord of the Dual Monarchy, to ensure the cohesion and unity of the territories and states. This article may be excepted under extenuating circumstances, particularly that of an extended campaign of truculent nature where the attentions of His Majesty are required or sheer inability on the part of His Majesty in appearing before the assemblies or of convoking the assemblies within the time available.
The lands and territories by which the realms are divided shall be organized and properly codified so as to demarcate the laws and concomitant features of each territory and their greater structure; modification to these bounds shall only occur with the consent of the sovereign and the Diet and the Estates and the Hofrat.
The territories long known as ancient domains of Hungary, that is, the Kingdom of St. Stephen and its associated territories, formally the Kingdoms of Hungary, Croatia, and Slavonia, the States of Rijeka and of Trieste, the southern Counties of Illyria, as well as Siebenburgen, the other Romanians, and the Duchy of Athens, separated from the other realms and territories by the Leithe river, constitute what are properly dubbed the Transleithanian state.
The territories currently pertaining to the Crown of St. Wenceslas, formally the Kingdom of Bohemia, the Duchies of Upper and Lower Austria, Carinthia, Carniola, Lusatia, Luxemburg, Upper and Lower Silesia, Styria, Straubing Bavaria, the Margraviate of Moravia, the Voralberg, the Patriarchate of Friulia, the northern Counties of Illyria, and the Counties of Gorizia and Gradisca, divided from Greater Hungary by the Leithe, constitute what are properly dubbed the Cisleithanian state.
These two divisions, two separate aggregate dominions, will remain independent in questions of government and policy excepting that laid out within this document and that agreed in lawful concord by His Majesty, the Diet, the Estates, and the Hofrat, such as the addition of further territories to this sacred union. The liberties and laws of these two grand states shall not be infringed by any party, and though they shall remain bound by common sovereign but their autonomy shall not be compromised.
In defense of the previous article, the two states guarantee the security and defense of either, separate and together, ratifying the articles elsewhere proclaiming a Union of Arms in accordance with the will of His Majesty, the Diet, and the Estates. Never shall these two states, nor any constituent part, take up arms against the other under any circumstance but to restore law and order in a most just and Christian fashion, forever bound as they are under common sovereign and mutual accord.
The two states, that of the Empire, the Cisleithanian, of Bohemia and Austria, together with that outside the Empire, the Transleithanian, of Hungary, remain joined in eternal agreement and monarchy on various points to engender prosperity and security.
A permanent customs union between all territories enumerated above will be ratified and upheld by the Diet and the Estates, for the betterment of commerce and prosperity in all of His Majesty’s realms. No tariffs or levies of any sort shall be levied legally upon a citizen of one state inside another that is not levied upon the citizens of the very state in question, and the passage of lawful merchants, goods, and travelers shall not be impeded in any manner, leaving them free passage with His Majesty’s realms unimpeded by wanton decree and unburdened by a foreigner’s fee or toll.
Full faith and credit will be given unto those citizens of a territory in His Majesty’s realms in any other of the united territories, so that the rights of a people in a state shall extend to those originating from elsewhere in His Majesty’s dominions residing or locating themselves in that selfsame state; any person by birth or naturalization a subject of His Majesty is guaranteed the process and privileges equal to his station and proper to whichever territory he finds himself in. Thusly, writs of assize or any other sort, documents of authorization or warrants, and any other sort of action by the government of one territory, be it noble or royal or free city, excepting decrees and other measures solely affecting their own territories, retain under the law equal validity in all parts of His Majesty’s realms, as to retain the equal autonomous union that these states do engage in.
Those acts that extend beyond the scope of the government of a territory of His Majesty, and those whose effects echo beyond the jurisdictional land in question, are to be coordinated among all the dominions of His Majesty, for the betterment of the general welfare, so as to avoid fruitless conflict and cross-purposes by His Majesty’s own states.
The external affairs of the realms, that extending both to foreign powers and fellow Imperial states, remain forever such an area requiring the attention of His Majesty and the governments of all the territories. To create workable goals and to execute these selfsame aims, His Majesty shall devolve his powers of negotiation to a body, appointed by His Majesty to represent the aggregate territories over which His Majesty is sovereign, to conduct such affairs that may in number and difficulty extend beyond the ability of any one man. This body, the Hofkammer, shall represent the interests of all the territories ruled by His Majesty and work for the greater good of them all. It shall coordinate the workings of the external policies of all the territories, so as to engender unity of aim and action. Each of the states enumerated above, that is, the Cisleithanian and Transleithanian territories, may conduct the diplomacy and negotiations as the governments see fit and proper, but select representatives of the territories, with the authority of His Majesty, shall, through the composition of the Hofkammer, exercise final judgment on critical matters so as to ensure the coordination and correctness of these exercises.
The questions of military, and the necessary details which occupy the governments of the territories and their states, are questions apart, too specific and too great in number for present discussion. Full ratification and adherence to the Union of Arms, presented concurrently with this document and establishing the Hofkriegsrat, suffices to satisfy His Majesty’s will in these matters, as it safeguards the security of all the territories. However, in explication of a separate matter, in questions of truculence, the governments of the territories of His Majesty will fund by whatever means they deem best fit and in concordance with the laws the prosecution of conflicts and the training and supply of the armies loyal to His Majesty.
While questions of external affairs and belligerence are satiated, the greater issue remains unsatisfied. Affairs and edicts that pose greater effect than the government of any single territory, or the state they comprise, or matters which are so momentous that the full force of the Dual Monarchy is required, are properly the responsibility of His Majesty and his highest circle of advisers, drawn from all the states and their constituent territories, composing a grand Hofrat to give advice and consent on behalf of the Diet, the Estates, and the various other bodies, with the legal authority devolved from His Majesty. This group of the select, nominated by their governments and subject to His Majesty’s approval, may act with swiftest expedition in questions greater than any single state in concert with His Majesty.
Where actions of the sovereign and His Majesty’s governments take affect across more than a single territory, His Majesty and the Hofrat may act to coordinate and bring together in a unified body politic the policies and procedures of the territories, so as to ensure the success of the Dual Monarchy, retaining at all times the law. In the case of intractable dispute between the territories where the Hofrat is incapable of solution, then His Majesty’s will shall be heard in the manner and such circumstances shall be explained in due time to the Diet and the Estates.
To ensure the success of this advisory council, the Hofrat, the territories and states of the Dual Monarchy shall be represented in the following proportions: the Kingdoms of Bohemia and Hungary proper, that is, Bohemia, Moravia, Silesia, and Lusatia together and the ancient Hungarian core lands, shall retain an equal amount of delegates, the Kingdom of Croatia and the other various counties of Illyria shall have combined together two parts in five compared to Hungary, Slovakia shall have one representative for every five of Hungary, and the Romanian territories one as well, while the Duchies of Inner Austria, that is, Styria, Carinthia, and Carniola, together with the adjacent territories such as Friulia, shall have together two members for every five of Bohemia, while the Duchies of Upper and Lower Austria and of Bavaria-Straubing shall have another two. The Duchies of Luxemburg and of Athens shall each have their own representative for every five members of Bohemia or Hungary, in the interests of ensuring that the concerns of all the territories are properly addressed.
For the guarantee of just and upright rule by His Majesty in accordance with the laws long established and honored, we proclaim these articles as enumerated above a constitution, establishing it with the other great laws governing these territories that are dominions of His Majesty, knowing full well that obedience to the law is the highest good of any man, from sovereign King to mean citizen. These articles will not be abridged in any part, nor their relevance ignored by any man, without the free consent of His Majesty, the Diet, the Estates, and the Hofrat as one. The sovereign person and the bodies listed may together also amend these articles to include further provisions at their discretion.
Upon ratification of these articles by the Diet of Hungary and the Estates of Bohemia and proclamation as law in all the other territories, there will be established a Dual Monarchy, uniting our dominions under a proper structure, each territory retaining its autonomy while remaining subject in the proper modes to the will of His Majesty and becoming united with the other territories of the Dual Monarchy in those forms enumerated above. Such is the will of His Majesty, the Diet, and the Estates.
The Union of Arms
By the authority of His Majesty, the Diet, and the Estates,
For secure concord,
In the name of the holy and indivisible Trinity, and the laws granted to us from the divine. To codify the responsibilities of the states of the Dual Monarchy to each other and to their sovereign, these articles are thusly ordained as right and proper constitutions of the territories and kingdoms assembled.
The allegiances of all armies and warbands of whichever size shall lie ultimately with His Majesty, sovereign of the states enumerated in the Ausgleich, notably, the territories long known as ancient domains of Hungary, that is, the Kingdom of St. Stephen and its associated territories, formally the Kingdoms of Hungary, Croatia, and Slavonia, the States of Rijeka and of Trieste, the southern Counties of Illyria, as well as Siebenburgen, the other Romanians, and the Duchy of Athens, separated from the other realms and territories by the Leithe river, and the territories currently pertaining to the Crown of St. Wenceslas, formally the Kingdom of Bohemia, the Duchies of Upper and Lower Austria, Carinthia, Carniola, Lusatia, Luxemburg, Upper and Lower Silesia, Styria, Straubing Bavaria, the Margraviate of Moravia, the Voralberg, the Patriarchate of Friulia, the northern Counties of Illyria, and the Counties of Gorizia and Gradisca, divided from Greater Hungary by the Leithe.
Any potentate or any person shall not dissuade the martial forces of these states from their fealty to the Dual Monarchy, nor shall any host contravene the will and authority of His Majesty. The Diet or the Estates, depending on the particular group of states, shall with His Majesty establish proper codes and punishment for such dissenters.
The entirety of the forces arrayed on behalf of His Majesty shall be exercised in defense of all territories of the Dual Monarchy, creating a martial pact between all the territories. No dissent will be brooked in the prosecution of such actions as to guarantee the security and integrity of the territories enumerated; in explication of a separate matter, in questions of truculence, the governments of the territories of His Majesty will fund by whatever means they deem best fit and in concordance with the laws the prosecution of conflicts and the training and supply of the armies loyal to His Majesty. The martial levies and other measures available to the governments of the territories will also be exercised with all possible speed so as to allow His Majesty the resources of the Dual Monarchy in its entirety for defense of the territories.
In order to better exercise the martial hosts comprised by the companies and bands of the territories, His Majesty shall devolve responsibility for the command and organization of all the armies of the Dual Monarchy into a body, the Hofkriegsrat . This body shall be headed by His Majesty, and its orders will carry the full force of sovereign authority invested in it as the supreme council on war. The questions of military and the necessary details which occupy the governments of the territories and their states shall be the responsibilities of this body. In His Majesty’s absence, the Hofkriegsrat shall be commanded by the Captain-General of the Armies, a post appointed by His Majesty from the officers of merit of the territories. The various Captains of the realm, that is, those commanders and their high lieutenants of the great military forces owing their allegiance to the Crown, shall sit upon this body as well, advising His Majesty and the Captain-General of the Armies on the best courses of action. His Majesty may remove any commander from his post, subject to the approval, in the ex post facto style, of any parliament or assembly to which the law gives concurrent powers of such a type. Additionally, His Majesty may appoint other members of the Hofkriegsrat at his discretion. This council of war shall have whatever authority His Majesty possess with regards to the conduct of hostilities, as it acts in the sovereign’s name.
These articles will not be abridged in any part, nor their relevance ignored by any man, without the free consent of His Majesty, the Diet, the Estates, and the Hofrat as one. The sovereign person and the bodies listed may together also amend these articles to include further provisions at their discretion. Upon ratification of these articles by the Diet of Hungary and the Estates of Bohemia and proclamation as law in all the other territories, there will be established a Hofkriegsrat for the unified prosecution of belligerence, each territory retaining its autonomy while remaining subject in the proper modes to the will of His Majesty and becoming united with the other territories of the Dual Monarchy in an eternal military compact. Such is the will of His Majesty, the Diet, and the Estates.