CLAUSE. — The term c. (from Lat. claudo) generically means the final part and specifically the synthetic conclusion of a discourse.
### IN LAW
The term appears in Roman legal sources, not only to indicate the final part, but also a heading or a set of provisions in the praetor’s edict on a specific subject (*clausula edictalis*).
Hence the dual meaning that the term has in common legal language. By *clausula* one understands both a heading or article that forms part of the content of a legal transaction (*clausula contractus*, *clausula testamentaria*), and, in a strict sense, a provision expressed in a brief and meaningful formula consecrated by usage, which is inserted into an act (usually as an appendix) to give it a particular extensive or restrictive efficacy.
Thus, for example, in Roman law there is the *clausula codicillaris*, which ensures that a will, even if declared invalid as such, may at least be valid as a codicil; similarly, in modern contract law, there are the *clausula poenalis*, *clausula compromissoria*, *clausula rebus sic stantibus*, *clausula de concurrentia*, and so on; and outside the field of private law, the *clausula provvisionale* (CIC, can. 1917 § 2), the *clausula della nazione più favorita*, etc.
To attempt a systematic classification of the most frequently used *clausulae* in canon law (of which old treatises provide endless lists), it may be said that, with respect to the source from which the acts emanate, they are distinguished into *clausulae communes*, those usually appended to contracts, wills, judicial acts of the parties, etc.; and *clausulae apostolicae*, proper to the acts of the Pope.
The notion of *clausula* in canon law is of particular interest in the doctrine of rescripts (v.), where, however, the term is used interchangeably with the term “condition” in a broad sense, to signify both the essential circumstances for the validity of the rescript (e.g., the *clausula* or condition *“si prece veritate nitantur”*, which is always to be understood), and the accidental and modal circumstances, such as commands, warnings (*clausulae mere praeceptivae*), instructions, commonly directed to the executor of the rescript (*clausulae instructivae*), the non-observance of which, while undoubtedly constituting a wrong, is nevertheless devoid of the sanction of nullity of the rescript.
But this notion, developed in the context of rescripts and certainly not limited to this alone, does not exhaust, as has been seen and as will still be seen, the entire concept of *clausula* in the strict sense.
In general terms, from the perspective of content, two categories of *clausulae* may be distinguished: those of purely positive content, which establish the conditions for the validity of the act, determine its efficacy (e.g., the *clausula rebus sic stantibus*) and its modalities; and those of negative content, which consist of provisions extending or limiting the efficacy of the act itself, and this in derogation of the norms of common law (*clausulae derogatoriae*).
In this second category fall: a) *clausulae* by which a pre-existing legal state is modified, through the abrogation of norms or the revocation of concessions (*clausulae abrogatoriae*, *revocatoriae*): in this regard, one may recall the usual formulas *“revocatis vel non obstantibus...”*; b) those by which it is intended to prevent the formation of a possible legal state (*clausulae prohibitoriae*), as, for example, in the formula *“exclusa in futuro qualibet consuetudine contraria”*; c) those that limit the normal efficacy of the act in time (*clausulae peremptoriae*); d) and finally, those that protect the act from possible challenges, by providing for its preventive confirmation (*clausulae praeiudiciales*).
As regards the interpretation of *clausulae*, with a view to determining their effects, no general and certain rule can, of course, be given. With regard to the first category (*clausulae*-conditions), the CIC provides, in can. 39, a formalistic criterion, which, although laid down for rescripts, may also be extended to other acts and, by analogy, to laws: conditions are presumed essential for the validity of the act when they are expressed with the particles *si*, *dummodo*, or another equivalent.
As for the other category, the meaning and efficacy of some of the most frequently used *clausulae* are sometimes determined by the CIC itself, sometimes by doctrine.
Thus, for example, by the peremptory *clausula* *“ad beneplacitum nostrum”* (v.) or another equivalent (e.g., *“donec voluero”*, but not *“donec revocavero”* or *“usque ad revocationem”* or *“ad beneplacitum Ordinarii pro tempore”*, *“ad beneplacitum Sedis”*), the efficacy of the rescript is limited in time, which normally endures even after the resolution by the granting authority (cf. can. 73, in relation to can. 61); by the *clausula* *“motu proprio”* (can. 43), the invalidity of the rescript arising from the concealment of facts deemed necessary is sanctioned (this *clausula* operates in derogation of the principle laid down in the preceding cann. 40 and 42), inasmuch as it is presumed that, by the adoption of the aforesaid *clausula*, the will of the rescript has become independent of the motives stated in the petition; by the *clausulae praeiudiciales maiores* (*clausula* *“ex certa scientia”*, *“subdata”*, *“decretum irritans”*, etc.), the judge and the parties are, in the characteristic expression of Cardinal De Luca, “muzzled and bound,” that is, the cognizance of any challenge to the act is withdrawn from every other judge save the Roman Pontiff himself.
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### IN MUSIC
A *clausula* is considered the close of every period or of every literary and musical division, more or less conclusive. *Cursus* is a system of characteristic literary *clausulae* (v. *CURSUS* and *CADENZA SALMODICA*). Every *clausula* or cadence is produced according to a predetermined order or style, or in the free succession of thoughts and music. In liturgical style there are many *clausulae* in the endings and subdivisions of psalms, hymns, responsories, antiphons, the alternating chants of the Mass, dialogues between ministers and people, etc.
The extent or classification of *clausulae* in free style or in logical and commatic succession may have a greater or lesser development. Usually *clausulae* are divided into incises, members, phrases, and even periods. The logical resolution of rhythmic, melodic, or harmonic development is the criterion for marking the limits of *clausulae*. In simple rhythmic succession, the close is indicated by a departure from the central or initial impulse, so that the movement or succession of beats demands a rest. In melodic movement, and thus also in rhythmic movement, the close is indicated by the lack of attraction among the notes, so that the melodic relationship among them ceases. In harmonic combinations, the *clausula* is produced by the resolution of the concordant parts, so that the harmonic logic is interrupted in a more or less conclusive manner, after which a new proposition begins. Whether in literary or rhythmic or harmonic *clausulae*, the total or definitive solution (or phrase close) is prepared by the succession of various partial groupings, arising from the development of thought, movement, or consonance. Consequently, all preceding *clausulae* are called closed or open, according to whether the sense of rest is more or less definitive. In harmonic singing, *clausulae* have rules or ways of cadencing very different from those in simple chant, and especially in Gregorian chant. Gregorian *clausulae*, because of their ancient modality, whether they close simple phrases or the final period, do not always end on those notes which moderns call tonics or fundamentals; and in this they come closer to Hellenic modality.
For the *clausula metrica*, V. *CURSUS*.
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