Contracts form the essential framework of an organized society. These formal written agreements, whether on clay, stone, or parchment, define relationships, transfer property, resolve disputes, and establish order. A binding agreement is fundamental to human history, from simple transactions to complex treaties. Exploring the oldest written contracts provides a unique view into how early civilizations structured their lives, economies, and political systems.
These ancient documents, from detailed legal codes to basic sales records, reveal not just the agreements but also the values, social structures, and legal concepts of the people who created them. This article journeys through history, presenting some of the oldest known written contracts and legal texts containing contractual elements, from the medieval period to the origins of writing in Mesopotamia.
| Contracts | Age of the Contract | Location |
|---|---|---|
| The Statute of Merton | 790 Years Old | The National Archives, Kew, London |
| Magna Carta | 810 Years Old | British Library |
| The Treaty of Verdun | 1182 Years Old | No single original document survives |
| The Treaty of Kadesh | ~3284 Years Old | Temple of Karnak, Egypt |
| Code of Hammurabi | ~3779 Years Old | Louvre Museum, Paris, France |
| The Marriage Contract of Hapenmohes | ~3475 Years Old | British Museum, London, UK |
| The Silver Tablet Treaty | ~3425 Years Old | Museum of Anatolian Civilizations, Ankara, Turkey |
| Sumerian Clay Tablet Contracts | ~4500 – 5000 Years Old | Various museums worldwide |
1. The Statute of Merton (1235)
Age of the Contract: 790 Years Old
Location: The National Archives, Kew, London, UK (Original manuscripts)
Title: The Provisions (later Statute) of Merton
As one of the earliest surviving English statutes from the post-Conquest era, the Statute of Merton acts as a written agreement between King Henry III and the English barons and clergy, agreed upon at a parliamentary assembly at Merton. It addressed various legal matters, including limits on property rights related to lords’ enclosure of common lands. It codified customs and introduced new legal principles, contributing to English common law. It is significant as one of the first instances of parliamentary legislation being formally written and preserved.
Fun Fact: English barons rejected adopting a civil law principle mentioned in the Statute, famously stating, “We are unwilling that the laws of England be changed,” asserting the distinct identity of English common law.
Learn more about how early laws were made in our article on the oldest constitutions.
2. Magna Carta (1215)
Age of the Contract: 810 Years Old
Location: British Library (2 copies), Lincoln Cathedral, Salisbury Cathedral (Original 1215 engrossments)
Title: Magna Carta Libertatum (The Great Charter of Freedoms)
Considered a cornerstone of democratic legal history, the Magna Carta is a peace agreement and contract between King John of England and rebellious barons. Forced upon the King, it listed clauses limiting royal power and protecting the rights of barons, the church, and free men. Key principles like the right to a fair trial stem from it. It set a written precedent for the ruler to be bound by agreements with subjects.
Fun Fact: King John quickly annulled the 1215 Magna Carta, but later, kings reissued and modified it, with the 1225 version becoming the one integrated into English law.
3. The Treaty of Verdun (843 CE)
Age of the Contract: 1182 Years Old
Location: No single original document survives; terms known through chronicles.
Title: Treaty of Verdun
The Treaty of Verdun was a pivotal agreement dividing the vast Carolingian Empire among Charlemagne’s three grandsons: Lothair I, Louis the German, and Charles the Bald. This division roughly established the future territories of France, Germany, and a central kingdom, fundamentally shaping Western Europe’s political map for centuries. As a written agreement between rulers defining borders and allegiances, it is an early international contract.
Fun Fact: The central kingdom assigned to Lothair I, Lotharingia, remained a contested territory between its eastern and western neighbors for over a thousand years.
4. The Treaty of Kadesh (c. 1259 BCE)
Age of the Contract: ~3284 Years Old
Location: Temple of Karnak, Egypt (Hieroglyphic inscription); Istanbul Archaeology Museums, Turkey (Clay tablet copy)
Title: Peace Treaty between Ramesses II and Hattusili III
One of the oldest known peace treaties with surviving texts from both sides, the Treaty of Kadesh was an agreement between the Egyptian Pharaoh Ramesses II and the Hittite King Hattusili III after years of conflict. It established a mutual defense alliance, agreed on refugee extradition, and promised non-aggression. It’s a remarkable example of diplomacy between major Late Bronze Age powers.
Fun Fact: A copy of the Treaty of Kadesh is displayed at the United Nations headquarters, symbolizing its status as the earliest known international peace treaty.
Curious about how we know the past? Explore our look at the earliest recorded history.
5. Code of Hammurabi (c. 1754 BCE) – Selected Contractual Laws
Age of the Contract: ~3779 Years Old
Location: Louvre Museum, Paris, France
Title: Law Code of Hammurabi
Although primarily a law code, the Stele of Hammurabi contains numerous laws regulating contractual relationships in ancient Babylonian society. It details rules for loans, interest, marriage, divorce, inheritance, property, and professional fees. These laws show that complex contractual concepts and enforcement existed nearly 4,000 years ago, providing the legal basis for countless individual contracts.
Fun Fact: The Code is famous for its “eye for an eye” principle but also shows differing punishments based on social status, reflecting a hierarchical society.
6. The Marriage Contract of Hapenmohes (c. 1450 BCE)
Age of the Contract: ~3475 Years Old
Location: British Museum, London, UK (Example papyri)
Title: Marriage Contract (Example: Papyrus Berlin 3047, illustrative of the form)
Ancient Egyptian legal documents, including marriage contracts on papyri, date back to the New Kingdom. These contracts formally defined rights and obligations within marriage, detailing property brought in by both parties and provisions for the wife in case of divorce or widowhood. They highlight the legal and economic standing of women in ancient Egypt. The “Marriage Contract of Hapenmohes” is an early example demonstrating these practices.
Fun Fact: Ancient Egyptian marriage contracts were often held by the wife, giving her significant legal protection and control over her assets.
7. The Silver Tablet Treaty (c. 1400 BCE)
Age of the Contract: ~3425 Years Old
Location: Museum of Anatolian Civilizations, Ankara, Turkey (Replica; original likely lost)
Title: Treaty between Suppiluliuma I of Hatti and Niqmaddu II of Ugarit
This treaty, known from a cuneiform text found in Ugarit, was a formal agreement between the Hittite Empire and the vassal kingdom of Ugarit. It outlined Ugarit’s obligations (tribute, military aid) and the Hittites’ promise of protection. The original agreement was inscribed on a silver tablet, signifying its importance.
Fun Fact: The original treaty was inscribed on a silver tablet, a rare material emphasizing the agreement’s importance and permanence.
8. Sumerian Clay Tablet Contracts (c. 2500 BCE – 2000 BCE)
Age of the Contract: ~4500 – 5000 Years Old
Location: Various museums worldwide holding Mesopotamian collections
Title: Numerous individual contracts (e.g., Sales, Loans, Leases)
Thousands of clay tablets dating back to the third millennium BCE in Sumer record various contracts, making them among the oldest known written agreements between individuals. They detail sales of property or slaves, loans with interest, leases, and service agreements. These tablets, inscribed with cuneiform, were legally binding documents witnessed and often sealed. They offer crucial insights into the economy and society of the first urban civilization.
Fun Fact: Some important Sumerian contracts were sealed inside a clay “envelope,” also inscribed with the contract summary, to prevent tampering—an early security method.
Conclusion
Exploring the oldest written contracts reveals the fundamental human need to formalize agreements, define obligations, and ensure fairness. These ancient documents, across different materials and cultures, show that contracts have been essential tools for building societies, conducting trade, and maintaining order for millennia.
These artifacts demonstrate that our current legal and economic systems have deep historical roots, originating from the simple yet profound act of putting an agreement into writing. They are not just historical items but testaments to humanity’s enduring drive for structure, trust, and accountability in its dealings.
