in a general sense, a mutual consent of two or more parties, who voluntarily promise and oblige themselves to do something; pay a certain sum, or the like. All donations, exchanges, leases, &c. are so many different contracts.

CONTRACT is particularly used, in common law, for an agreement or covenant between two, with a lawful consideration or cause. As, if I sell my horse for money; or covenant, in consideration of 20l. to make you a lease of a farm; these are good contracts, because there is quid pro quo.

Usurious Contract, is a contract to pay more interest for money than the law allows. See Usury.

Those contracts are said to be null which the law prohibits the making of; such are all contracts between persons incapable of contracting, as minors, religious, lunatics, wives without consent of their husbands, &c.

CONTRACT is also used for the instrument in writing, which serves as a proof of the consent granted, and the obligation passed between the parties.

Among the ancient Romans, contracts, and all voluntary acts, were written, either by the parties themselves, or by one of the witnesses, or by a domestic secretary of one of the parties, whom they called a notary, but who was no public person among us.

The contract, when finished, was carried to the magistrate, who gave it a public authority by receiving it inter acta, into the number of acts under his jurisdiction; giving each of the parties a copy thereof, transcribed by his clerks or domestic registrars, and sealed with his seal. Which practice passed into France, where it obtained a long time.