final clauses

n. DiplomaticsFormulaic statements at the end of the document intended to ensure its proper execution.


Duranti 1998, p. 147–148 The text of most documents contains after or within the disposition several formulae, the object of which is to ensure the execution of the act, to avoid its violation, to guarantee its validity, to preserve the rights of third parties, to attest the execution of the required formalities, and to indicate the means employed to give the document probative value. These formulae constitute the final clauses, which can be divided into groups as follows: ¶ Clauses of injunction: those expressing the obligation of all those concerned to conform to the will of the authority. ¶ Clauses of prohibition: those expressing the prohibition to violate the enactment or oppose it. ¶ Clauses of derogation: those expressing the obligation to respect the enactment, notwithstanding other orders or decisions contrary to it, opposition, appeals or previous dispositions. ¶ Clauses of exception: those expressing situations, conditions or persons which would constitute an exception to the enactment. ¶ Clauses of obligation: those expressing the obligation of the parties to respect the act, for themselves and for their successors or descendants. ¶ Clauses of renunciation: those expressing a threat of punishment should the enactment be violated. They comprise two categories: 1) spiritual sanctions, comprising threats of malediction or anathema; 2) penal sanctions, comprising the mention of specific penal consequences. ¶ Promissory clauses: those expressing the promise of a prize, usually of a spiritual nature, for those who respect the enactment. ¶ Clauses of corroboration: those enunciating the means used to validate the document and guarantee its authenticity. The wording changes according to the time and place, but these clauses are usually formulaic and fixed. Examples are, 'I have hereunto set my Hand and Seal of Office', 'Signed and Sealed', 'Witness our Trustworthy and Beloved . . . ', etc.