Apragmatic sanction is a sovereign's solemn decree on a matter of primary importance and has the force of fundamental law.[1] In the late history of theHoly Roman Empire, it referred more specifically to an edict issued by the Emperor.
When used as a proper noun, and the year is not mentioned, it usually refers to thePragmatic Sanction of 1713, a legal mechanism designed to ensure that the Austrian throne and Habsburg lands would be inherited by EmperorCharles VI's daughter,Maria Theresa.[2]
Pragmatic sanctions tend to be issued at times in which the theoretically ideal situation is untenable, and a change of the rules is called for. In the Pragmatic Sanction of 1713, for example, the edict streamlined the succession laws and reorganized the Habsburg territories into an indivisible entity so that one heir would inherit them.[3]
The Pragmatic Sanction ofJustinian I, promulgated in August 554, on the reorganization ofItaly following theGothic War.
The so-called Pragmatic Sanction ofLouis IX, purporting to have been issued in March 1269, regarding various clerical reforms, was a forgery fabricated in the 15th century.[2]
The German Pragmatic Sanction of 1439, issued by German ruling princes March 26, 1439, accepted some of the decrees of theCouncil of Basel with modifications. It has been argued that the namePragmatic Sanction is not properly applied to this document, as it was issued by princes subordinate to the emperor without the emperor's endorsement.
ThePragmatic Sanction of 1713 issued by Emperor Charles VI on April 19, 1713, by which the Habsburg hereditary possessions (Austria, Bohemia, Hungary, and various other smaller lands) were allowed to pass to a woman (specificallyMaria Theresa) ifCharles VI had no male heirs.[5]
The CroatianPragmatic Sanction of 1712, passed by theDiet of the HabsburgKingdom of Croatia and predating the Austrian decree, allowing the Croatian throne to pass to the female line of the House of Habsburg.[6]
ThePragmatic Sanction of 1723 passed by the Hungarian Parliament, accepting female inheritance in theKingdom of Hungary. Charles VI had permitted Hungary to revert to elective monarchy should he die without a male heir; this instrument signalled the Hungarian parliament's acceptance of his choice of successor.[7]
The Pragmatic Sanction of Naples, issued October 6, 1759, by KingCharles III of Spain, governed the succession to the thrones of Naples, Sicily, and Spain, and forbade the union of Spain and the Two Sicilies.
The Spanish Pragmatic Sanction of 1776, issued 23 March 1776, limited the options of marriage for members of the royal family.
^Koch, Sören; Kjølstad, Marius Mikkel (2023-05-30).Handbook on Legal Cultures: A Selection of the World's Legal Cultures. Cham, Switzerland: Springer Nature. p. 110.ISBN978-3-031-27744-3.
This article incorporates text from this source, which is in thepublic domain.
This article incorporates text from a publication now in thepublic domain: Herbermann, Charles, ed. (1913). "Pragmatic Sanction".Catholic Encyclopedia. New York: Robert Appleton Company.