Pragmatic sanction

As Pragmatic Sanction (Latin sanctio Pragmatica or Pragmatica sanctio ) is called in Roman law of late antiquity a solemn legislative act of the emperor.

Pragmatic Sanction in antiquity

Usually referred to as sanctiones pragmaticae imperial arrangements that contain rules for an individual case or specific provisions for certain people or a certain area. However, a precise distinct from other forms of legislation by the emperor is not possible. The term can be traced back to the 5th century, but probably goes back to Constantine the Great.

The most famous pragmatic sanction of antiquity is the sanctio Pragmatica per petitione Vigilii, with the Emperor Justinian I. his law books (Codex, Digest, institutions ) 554 in Italy continued in force after he had reconquered Italy from the Ostrogoths. It also grants ostgotischer ruler of the senate and people of Rome and edicts of Theodoric of the year 500 were accepted, while donations and administrative acts were revoked Totilas.

Pragmatic Sanction in the Middle Ages and in early modern times

In the Middle Ages and in early modern times dating back to the Roman law term for particularly solemn edicts (Regulations ) was a ruler used, with which the monarch an important matter of state governed by a fundamental law, the sanctity and eternal validity claimed. The best known example in the German language should the Pragmatic Sanction of 1713 be, by the Emperor Charles VI. , Who had no son, secured the succession of his daughter Maria Theresa.

Other examples are:

  • The alleged Pragmatic Sanction of Louis IX. the Holy, King of France, from the year 1268 - which has proven to be a forgery (see Gallican Church )
  • The Pragmatic Sanction of Bourges Charles VII, King of France, by which he in Bourges, following decisions by the Council of Basel, the liberties of the Gallican Church confirmed on July 7, 1438 ( Francis I again repealed)
  • The Pragmatic Sanction of the German Reichstag of Mainz from 1439, which accepted the Basle decisions on the Gallican church, but was later eliminated from the Roman chair by concordats again
  • Made the Pragmatic Sanction of Emperor Charles V of 1549, with which he reorganized the Habsburg Netherlands and the seventeen provinces became independent from the Holy Roman Empire of the German Nation
  • The Pragmatic Sanction of Charles III. , King of Spain, with which he determined the succession, when he had to leave the Kingdom of the Two Sicilies his third son in 1759
  • The Pragmatic Sanction of Ferdinand VII, King of Spain, with which he in 1830 the succession in favor of his daughter, the future Isabella II changed, which led to the Carlistenkriegen after his death in Spain

In order to express that the Peace of Westphalia in the kingdom as a statute enacted in solemn form of law applicable should the Peace Treaty of Osnabrück from 1648 expressly provided that the contract is to be regarded as " perpetua lex et Pragmatica Imperii sanctio ".

Territorial lord Charles VI, Holy Roman Emperor Isabella II of Spain Lexikon des Mittelalters
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