Covenant

8 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Covenant \Cov"e*nant\ (k?v"?-nant), n. [OF. covenant, fr. F. &
     OF. convenir to agree, L. convenire. See {Convene}.]
     [1913 Webster]
     1. A mutual agreement of two or more persons or parties, or
        one of the stipulations in such an agreement.
        [1913 Webster]


  
              Then Jonathan and David made a covenant. --1 Sam.
                                                    xviiii. 3.
        [1913 Webster]
  
              Let there be covenants drawn between us. --Shak.
        [1913 Webster]
  
              If we conclude a peace,
              It shall be with such strict and severe covenants
              As little shall the Frenchmen gain thereby. --Shak.
        [1913 Webster]
  
     2. (Eccl. Hist.) An agreement made by the Scottish Parliament
        in 1638, and by the English Parliament in 1643, to
        preserve the reformed religion in Scotland, and to
        extirpate popery and prelacy; -- usually called the
        "Solemn League and Covenant."
        [1913 Webster]
  
              He [Wharton] was born in the days of the Covenant,
              and was the heir of a covenanted house. --Macaulay.
        [1913 Webster]
  
     3. (Theol.) The promises of God as revealed in the
        Scriptures, conditioned on certain terms on the part of
        man, as obedience, repentance, faith, etc.
        [1913 Webster]
  
              I will establish my covenant between me and thee and
              thy seed after thee in their generations for an
              everlasting covenant, to be a God unto thee, and to
              thy seed after thee.                  --Gen. xvii.
                                                    7.
        [1913 Webster]
  
     4. A solemn compact between members of a church to maintain
        its faith, discipline, etc.
        [1913 Webster]
  
     5. (Law)
        (a) An undertaking, on sufficient consideration, in
            writing and under seal, to do or to refrain from some
            act or thing; a contract; a stipulation; also, the
            document or writing containing the terms of agreement.
        (b) A form of action for the violation of a promise or
            contract under seal.
  
     Syn: Agreement; contract; compact; bargain; arrangement;
          stipulation.
  
     Usage: {Covenant}, {Contract}, {Compact}, {Stipulation}.
            These words all denote a mutual agreement between two
            parties. Covenant is frequently used in a religious
            sense; as, the covenant of works or of grace; a church
            covenant; the Solemn League and Covenant. Contract is
            the word most used in the business of life. Crabb and
            Taylor are wrong in saying that a contract must always
            be in writing. There are oral and implied contracts as
            well as written ones, and these are equally enforced
            by law. In legal usage, the word covenant has an
            important place as connected with contracts. A compact
            is only a stronger and more solemn contract. The term
            is chiefly applied to political alliances. Thus, the
            old Confederation was a compact between the States.
            Under the present Federal Constitution, no individual
            State can, without consent of Congress, enter into a
            compact with any other State or foreign power. A
            stipulation is one of the articles or provisions of a
            contract.
            [1913 Webster]

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Covenant \Cov"e*nant\ (k?v"?-n?nt), v. i. [imp. & p. p.
     {Covenanted}; p. pr. & vb. n. {Covenanting}.]
     To agree (with); to enter into a formal agreement; to bind
     one's self by contract; to make a stipulation.
     [1913 Webster]
  
           Jupiter covenanted with him, that it should be hot or
           cold, wet or dry, . . . as the tenant should direct.
                                                    --L'Estrange.
     [1913 Webster]
  
           And they covenanted with him for thyrty pieces of
           silver.                                  --Matt. xxvi.
                                                    15.
  
     Syn: To agree; contract; bargain; stipulate.
          [1913 Webster]

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Covenant \Cov"e*nant\, v. t.
     To grant or promise by covenant.
     [1913 Webster]
  
           My covenant of peace that I covenanted with you.
                                                    --Wyclif.
     [1913 Webster]

From WordNet (r) 2.0 [wn]:

  covenant
       n 1: a signed written agreement between two or more parties
            (nations) to perform some action [syn: {compact}, {concordat}]
       2: (Bible) an agreement between God and his people in which God
          makes certain promises and requires certain behavior from
          them in return
       v 1: enter into a covenenant
       2: enter into a covenant or formal agreement; "They covenanted
          with Judas for 30 pieces of silver"; "The nations
          covenanted to fight terrorism around the world"

From Moby Thesaurus II by Grady Ward, 1.0 [moby-thes]:

  52 Moby Thesaurus words for "covenant":
     accord, agree, agree on, agree to, agree with, agreement,
     arrangement, bargain, bargain for, binding agreement, bond, cartel,
     collective agreement, come around to, come to terms, compact,
     concur, consortium, contract, convention, covenant of salt, deal,
     dicker, do a deal, employment contract, engage, formal agreement,
     get together, ironclad agreement, legal agreement, legal contract,
     make a deal, mutual agreement, pact, paction, pledge, plight,
     promise, protocol, shake hands on, shake on it, stipulate,
     stipulation, strike a bargain, swear, transaction, understanding,
     undertake, union contract, valid contract, vow, wage contract
  
  

From Easton's 1897 Bible Dictionary [easton]:

  Covenant
     a contract or agreement between two parties. In the Old
     Testament the Hebrew word _berith_ is always thus translated.
     _Berith_ is derived from a root which means "to cut," and hence
     a covenant is a "cutting," with reference to the cutting or
     dividing of animals into two parts, and the contracting parties
     passing between them, in making a covenant (Gen. 15; Jer. 34:18,
     19).
     
       The corresponding word in the New Testament Greek is
     _diatheke_, which is, however, rendered "testament" generally in
     the Authorized Version. It ought to be rendered, just as the
     word _berith_ of the Old Testament, "covenant."
     
       This word is used (1) of a covenant or compact between man and
     man (Gen. 21:32), or between tribes or nations (1 Sam. 11:1;
     Josh. 9:6, 15). In entering into a convenant, Jehovah was
     solemnly called on to witness the transaction (Gen. 31:50), and
     hence it was called a "covenant of the Lord" (1 Sam. 20:8). The
     marriage compact is called "the covenant of God" (Prov. 2:17),
     because the marriage was made in God's name. Wicked men are
     spoken of as acting as if they had made a "covenant with death"
     not to destroy them, or with hell not to devour them (Isa.
     28:15, 18).
     
       (2.) The word is used with reference to God's revelation of
     himself in the way of promise or of favour to men. Thus God's
     promise to Noah after the Flood is called a covenant (Gen. 9;
     Jer. 33:20, "my covenant"). We have an account of God's
     covernant with Abraham (Gen. 17, comp. Lev. 26:42), of the
     covenant of the priesthood (Num. 25:12, 13; Deut. 33:9; Neh.
     13:29), and of the covenant of Sinai (Ex. 34:27, 28; Lev.
     26:15), which was afterwards renewed at different times in the
     history of Israel (Deut. 29; Josh. 1:24; 2 Chr. 15; 23; 29; 34;
     Ezra 10; Neh. 9). In conformity with human custom, God's
     covenant is said to be confirmed with an oath (Deut. 4:31; Ps.
     89:3), and to be accompanied by a sign (Gen. 9; 17). Hence the
     covenant is called God's "counsel," "oath," "promise" (Ps. 89:3,
     4; 105:8-11; Heb. 6:13-20; Luke 1:68-75). God's covenant
     consists wholly in the bestowal of blessing (Isa. 59:21; Jer.
     31:33, 34).
     
       The term covenant is also used to designate the regular
     succession of day and night (Jer. 33:20), the Sabbath (Ex.
     31:16), circumcision (Gen. 17:9, 10), and in general any
     ordinance of God (Jer. 34:13, 14).
     
       A "covenant of salt" signifies an everlasting covenant, in the
     sealing or ratifying of which salt, as an emblem of perpetuity,
     is used (Num. 18:19; Lev. 2:13; 2 Chr. 13:5).
     
       COVENANT OF WORKS, the constitution under which Adam was
     placed at his creation. In this covenant, (1.) The contracting
     parties were (a) God the moral Governor, and (b) Adam, a free
     moral agent, and representative of all his natural posterity
     (Rom. 5:12-19). (2.) The promise was "life" (Matt. 19:16, 17;
     Gal. 3:12). (3.) The condition was perfect obedience to the law,
     the test in this case being abstaining from eating the fruit of
     the "tree of knowledge," etc. (4.) The penalty was death (Gen.
     2:16, 17).
     
       This covenant is also called a covenant of nature, as made
     with man in his natural or unfallen state; a covenant of life,
     because "life" was the promise attached to obedience; and a
     legal covenant, because it demanded perfect obedience to the
     law.
     
       The "tree of life" was the outward sign and seal of that life
     which was promised in the covenant, and hence it is usually
     called the seal of that covenant.
     
       This covenant is abrogated under the gospel, inasmuch as
     Christ has fulfilled all its conditions in behalf of his people,
     and now offers salvation on the condition of faith. It is still
     in force, however, as it rests on the immutable justice of God,
     and is binding on all who have not fled to Christ and accepted
     his righteousness.
     
       CONVENANT OF GRACE, the eternal plan of redemption entered
     into by the three persons of the Godhead, and carried out by
     them in its several parts. In it the Father represented the
     Godhead in its indivisible sovereignty, and the Son his people
     as their surety (John 17:4, 6, 9; Isa. 42:6; Ps. 89:3).
     
       The conditions of this covenant were, (1.) On the part of the
     Father (a) all needful preparation to the Son for the
     accomplishment of his work (Heb. 10:5; Isa. 42:1-7); (b) support
     in the work (Luke 22:43); and (c) a glorious reward in the
     exaltation of Christ when his work was done (Phil. 2:6-11), his
     investiture with universal dominion (John 5:22; Ps. 110:1), his
     having the administration of the covenant committed into his
     hands (Matt. 28:18; John 1:12; 17:2; Acts 2:33), and in the
     final salvation of all his people (Isa. 35:10; 53:10, 11; Jer.
     31:33; Titus 1:2). (2.) On the part of the Son the conditions
     were (a) his becoming incarnate (Gal. 4:4, 5); and (b) as the
     second Adam his representing all his people, assuming their
     place and undertaking all their obligations under the violated
     covenant of works; (c) obeying the law (Ps. 40:8; Isa. 42:21;
     John 9:4, 5), and (d) suffering its penalty (Isa. 53; 2 Cor.
     5:21; Gal. 3:13), in their stead.
     
       Christ, the mediator of, fulfils all its conditions in behalf
     of his people, and dispenses to them all its blessings. In Heb.
     8:6; 9:15; 12:24, this title is given to Christ. (See {DISPENSATION}.)
     

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  COVENANT, remedies. The name of an action instituted for the recovery of 
  damages for the breach of a covenant or promise under seal. 2 Ld. Raym. 1536 
  F; N. B. 145 Com. Dig. Pleader, 2 V 2 Id. Covenant, A 1; Bouv. Inst. Index, 
  h.t. 
       2. The subject will be considered with reference, 1. To the kind of 
  claim or obligation on which this action may be maintained. 2. The form of 
  the declaration. 3. The plea. 4. The judgment. 
       3.-1. To support this action, there must be a breach of a promise 
  under seal. 6 Port. R. 201; 5 Pike, 263; 4 Dana, 381; 6 Miss. R. 29. Such 
  promise may be contained in a deed-poll, or indenture, or be express or 
  implied by. law from the terms of the deed; or for the performance of 
  something in futuro, or that something has been done; or in some cases, 
  though it relate to something in presenti, as that the covenantor has, a 
  good title. 2 Saund. 181, b. Though, in general, it is said that covenant 
  will not lie on a contract inpresenti, as on a covenant to stand seized, or 
  that a certain horse shall henceforth be the property of another. Plowd. 
  308; Com. Dig. Covenant, A 1; 1 Chit. PI.. 110. The action of covenant is 
  the peculiar remedy for the non-performance of a promise under seal, where 
  the damages are unliquidated, and depend in amount on the opinion of a jury, 
  in which case neither debt nor assumpsit can be supported but covenant as 
  well as the action of debt, may be maintained upon a single bill for a sum 
  certain. When the breach of the covenant amounts to misfeasance, the 
  covenantee has an election to proceed by action of covenant, or by action on 
  the case for a tort, as against a lessee, either during his term or 
  afterwards, for waste; 2 Bl. R. 1111; 2 Bl. R. 848; but this has been 
  questioned. When the contract under seal has been enlarged by parol, the 
  substituted agreement will be considered, together with the original 
  agreement, as a simple contract. 2 Watt's R. 451 1 Chit. Pl. 96; 3 T. R. 
  590. 
       4.-2. The declaration must state that the contract was under seal and 
  it should make proffer of it, or show some excuse for the omission. 3 T. 11. 
  151. It is not, in general, requisite to state tho consideration of the 
  defendant's promise, because a contract under seal usually imports a 
  consideration; but when the performance of the consideration constitutes a 
  condition precedent, such performance must be averred. So much only of the 
  deed and covenant should be set forth as is essential to the cause of 
  action: although it is usual to declare in the words of the deed, each 
  covenant may be stated as to its legal effect. The breach may be in the 
  negative of the covenant generally 4 Dall. R. 436; or, according to the 
  legal effect, and sometimes in the alternative and several breaches may be 
  assigned at common law. Damages being the object of the suit, should be laid 
  sufficient to cover the real amount. Vide 3 Serg. & Rawle, 364; 4 Dall. R. 
  436 2 Yeates' R. 470 3 Serg. & Rawle, 564, 567; 9 Serg. &  Rawle, 45. 
       5.-3. It is said that strictly there is no general issue in this 
  action, though the plea of non est factum has been said by an intelligent 
  writer to be the general issue. Steph. Pl. 174. But this plea only puts in 
  issue the fact of scaling the deed. 1 Chit. Pl. 116. Non infregit 
  conventionem, and nil debet, have both been held to be insufficient. Com. 
  Dig. Pleader, 2 V 4. In Pennsylvania, by a practice peculiar to that state, 
  the defendant may plead covenants and under this. plea, upon notice of the 
  special matter, in writing, to the plaintiff, without form, he may give 
  anything in evidence which he might have pleaded. 4 Dall. 439; 2 Yeates, 
  107; 15 Serg. & Rawle, 105. And this evidence, it seems, may be given in the 
  circuit courts of the United States in that state without notice, unless 
  called for 2 W. C. C. R. 4 5 6. 
       6.-4. The judgment is that the plaintiff recover a named sum for his 
  damages, which he has sustained by reason of the breach or breaches of 
  covenant, together with costs. 
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  COVENANT, contracts. A covenant, conventio, in its most general 
  signification, means any kind of promise or contract, whether it be made in 
  writing or by parol. Hawk. P. C. b. 1, c. 27, Sec. 7, s. 4. In a more 
  technical sense, and the one in which it is here considered, a covenant is 
  an agreement between two or more persons, entered into in writing and under 
  seal, whereby either party stipulates for the truth of certain facts, or 
  promises to perform or give something to the other, or to abstain from the 
  performance of certain things. 2 Bl. Com. 303-4; Bac. Ab. Covenant, in pr.; 
  4 Cruise, 446; Sheppard, Touchs. 160; 1 Harring. 151, 233 1 Bibb, 379; 2 
  Bibb, 614; 3 John. 44; 20 John. 85; 4 Day, 321. 
       2. It differs from an express assumpsit in this, that the former may be 
  verbal, or in writing not under seal, while the latter must always be by 
  deed. In an assumpsit, a consideration must be shown; in a covenant no 
  consideration is necessary to give it validity, even in a court of equity. 
  Plowd. 308; 7 T. R. 447; 4 Barn. & Ald. 652; 3 Bingh. 111. 
       3. It is proposed to consider first, the general requisites of a 
  covenant; and secondly, the several kinds of covenants. 
       4.-1. The general requisites are, 1st. Proper parties. 2d. Words of 
  agreement. 3d A legal purpose. 4th. A proper form. 
       5.-1st. The parties must be such as by law can enter into a contract. 
  If either for want of understanding, as in the case of an idiot or lunatic; 
  or in the case of an infant, where the contract is not for his benefit; or 
  where there is understanding, but owing to certain causes, as coverture, in 
  the case of a married woman, or duress, in every case, the parties are not 
  competent, they cannot bind themselves. See Parties to Actions. 
       6.-2d. There must be an agreement. The assent or consent must be 
  mutual for the agreement would be incomplete if either party withheld his 
  assent to any of its terms. The assent of the parties to a contract 
  necessarily supposes a free, fair, serious exercise of the reasoning 
  faculty. Now, if from any cause, this free assent be not given, the contract 
  is not binding. See Consent. 
       7.-3d. A covenant against any positive law, or public policy, is, 
  generally speaking, void. See Nullity; Shep. Touchs. 163. As an example of 
  the first, is a covenant by one man that he will rob another; and of the 
  last, a covenant by a merchant or tradesman that he will not follow his 
  occupation or calling. This, if it be unlimited, is absolutely void but, if 
  the covenant be that he shall not pursue his business in a particular place, 
  as, that he will not trade in the city of Philadelphia, the covenant is no 
  longer against public policy. See Shep. Touchs. 164. A covenant to do an 
  impossible thing is also void. Ib. 
       8.-4th. To make a covenant, it must, according to the definition 
  above given, be by deed, or under seal. No particular form of words is 
  necessary to make a covenant, but any words which manifest the intention of 
  the parties, in respect to the subject matter of the contract, are 
  sufficient. Sec numerous examples in Bac. Abr. Covenant, A Selw. N. P. 469; 
  Com. Dig. Covenant, A 2; 3 Johns. R. 44; 5 Munf. 483. 
       9. In Pennsylvania, Delaware, and Missouri, it is declared by statute 
  that the words grant, bargain, and sell, shall amount to a covenant that the 
  grantor was seised of an estate in fee, free from all incumbrances done or 
  suffered by him, and for quiet enjoyment against his acts. But it has been 
  adjudged that those words in the Pennsylvania statute of 1715, (and the 
  decision will equally apply to the statutory language in the other two 
  states,) did not amount to a general warranty, but merely to a covenant that 
  the grantor had not done any act, nor created any incumbrance whereby the 
  estate might be defeated. 2 Bin. 95; 11 S. & R. 111, 112; 4 Kent, Com. 460. 
      10.-2. The several kinds of covenants. They are, 1. Express or 
  implied. 1. An express, covenant, or a covenant in fact, is one expressly 
  agreed between the parties and inserted in the deed. The law does not 
  require any particular form to create an express covenant. The formal word 
  "covenant" is therefore not indispensably requisite. 2. Mod. 268; 3 Keb. 
  848; 1 Leon, 324; 1 Bing. 433; 8 J. B. Moore, 546; 1 Ch. Cas. 294; 16 East, 
  352; 12 East, 182 n.; 1 Bibb, 379; 2 Bibb 614; 3 John. 44; 5 Cowen, 170; 4 
  Day, 321 4 Conn. 508; 1 Harring. 233. The words "I oblige;" "agree," 1 Ves. 
  516;  2 Mod. 266; or, "I bind myself to pay so much such a day, and so much 
  such another day;" Hardr. 178; 3 Leon. 119, Pl. 199; are held to be 
  covenants; and so are the word's of a bond. 1 Ch. Cas. 194. But words 
  importing merely an order or direction that other persons should pay a sum 
  of money, are not a covenant. 6 J. B. Moore, 202, n. (a.) 
      11.-1. An implied covenant is one which the law intends and implies, 
  though it be not expressed in words. 1 Common Bench Rep. 402; co. Lit. 139, 
  b; Vaughan's Rep. 118; Rawle on Covenants, 364. There are some words which 
  of themselves do not import an express covenant, yet being made use of in 
  certain contracts, have a similar operation and are called covenants in law. 
  They are as effectually binding on the parties as if expressed in the most 
  unequivocal terms. Bac. Ab. Covenant, B. A few examples will fully explain 
  this. If a lessor demise and grant to his lessee a house or lands for a 
  certain term, the law will imply a covenant on the part of the lessor, that 
  the lessee shall during the term quietly enjoy the same against all 
  incumbrances. Co. Litt. 384. When in a lease the words "grant," 1 Mod. 113 
  Freem. 367; Cro. Eliz. 214; 4 Taunt. 609; "grant and demise," 4 Wend. 502; 
  "demise," 10 Mod. 162; 4 Co. 80; Hob. 12; or "demiserunt," I Show. 79 1 
  Salk. 137, are used, they are so many instances of implied covenants. And 
  the words "yielding and paying" in a lease, imply a covenant on the part of 
  lessee, that he will pay the rent. 9 Verm. 151; 3 Penn. 461, 464. 
      12.-2. Real and personal. 1st. A real covenant is one which has for 
  its object something annexed to, or inherent in, or connected with land or 
  other property. Co Litt. 334; enk 241; Cruise, Dig. tit. 32, c. 25, s. 22; 
  Platt. on Cov. 60, 61; 2 Bl. Com. 304. A covenant real, which necessarily 
  runs with the land, as to pay rent, not to cut timber, and the like, is said 
  to be an inherent covenant. Shep. To. 161. A covenant real runs with the 
  land and descends to the heir; it is also transferred to a purchaser. Such 
  covenants are said to run with the land, so that he who has the one is 
  subject to the other. Bac. Ab. Covenants, E 2. See 2 Penn. 507; 10 Wend 180; 
  12 Mass. 306; 17 Mass. 586; 5 Cowen, 137; 5 Ham. 156; 5 Conn. 497; 1 Wash. 
  C. C. 375; 8 Cowen 206; 1 Dall. 210; 11 Shep. 283; 6 Met. 139; 3 Mete. 81; 3 
  Harring. 338; 17 Wend. 136. 
      13.-2. As commonly reckoned, there are five covenants for title, viz: 
  1. Covenant for seisin. 2. That the grantor has perfect right to convey. 3. 
  That the grantee shall quietly possess and enjoy the premises without 
  interruption, called a covenant for quiet enjoyment. 4. The covenant against 
  incumbrances. 5. The covenant for further assurance. 6. Besides these 
  covenants, there is another frequently resorted to in the United States, 
  which is relied on more, perhaps, than any other, called the covenant of 
  warranty. See Rawle on Covenants for Title, where the import and effect of 
  these covenants are elaborately and luminously discussed. 
      14.-3. A personal covenant relates only to matters personal, as 
  distinguished from real, and is binding on the covenantor during life, and 
  on his personal representatives after his decease, in respect of his assets. 
  According to Sir William Blackstone, a personal covenant may be transformed 
  into a real, by the mere circumstance of the heirs being named therein, and 
  having assets by descent from the covenantor. 2 Bl. Com 304. A covenant is 
  personal in another sense, where the covenantor is bound to  fulfill the 
  covenant himself; as, to teach an apprentice. F.N.B. 340, A. 
      15. Personal covenants are also said to be transitive and intransitive; 
  the former, when the duty of performing them passes to the covenantor's 
  representatives; the latter, when it is limited to himself; as, in the case 
  of teaching an apprentice. Bac. Ab. h.t. 
      16. As they affect each other in the same deed, covenants may be divided 
  into three classes. 1st. Dependent covenants are those in which the 
  performance, of one depends on the performance of the other; there may be 
  conditions which must be performed before the other party is liable to an 
  action on his covenant. 8 S. & R. 268; 4 Conn. 3; 1 Blackf. 175; John. 209; 
  2 Stew. & Port. 60; 6 Cowen 296; 3 Ala. R. 330; 3 Pike 581; 2 W. & S. 227; 5 
  Shep. 232; 11 Verm. 549; 4 W. C. C. 714; Platt on Cov. 71; 2 Dougl. 689; 
  Lofft, 191; 2 Selw. N. P. 443, 444. To ascertain whether covenants are 
  dependent or not, the intention of the parties is to be sought for and 
  regarded rather than the order or time in which the acts are to be done, or 
  the structure of the instrument, or the arrangements of the covenant. 4 
  Wash. C. C. 714; 1 Root, 170; 4 Rand. 352; 4 Rawle, 26; 5 Wend. 496; 2 John. 
  145; 13 Mass. 410; 2 W. & S. 227; 4 W. & S. 527; Willis, 157; 7 T. R. 130; 8 
  T.R. 366; 5 B. & P. 223; 1 Saund. 320 n. 
      17.-2d. Some covenants are mutual conditions to be performed at the 
  same time; these are concurrent covenants. When, in these cases, one party 
  is ready and offers to perform his part, and the other refuses or neglects to
  
  perform his, he who is ready and offers, has fulfilled his engagement, and 
  may maintain an action for the default of the other, though it is not 
  certain that either is obliged to do the first act. 4 Wash. C. C. 714; 
  Dougl. 698; 2 Selw. N. P. 443; Platt. on Cov. 71. 
      18.-3d. Covenants are independent or mutual, when either party may 
  recover damages from the other for the injury he may have received by a 
  breach of the covenants in his favor, and when it is no excuse for the 
  defendant to allege a breach of the covenants on the part of the plaintiff. 
  2 Wash. C. C. R. 456; 5 Shepl. 372; 4 Leigh, 21; 3 Watts & S. 300; 13 Mass. 
  410; 2 Pick. 300;  2 John. 145; 10 John. 203; Minor 21; 2 Bibb, 15; 3 Stew. 
  361; 1 Fairf.  49; 6 Binn. 166; 2 Marsh. 429; 7 John. 249; 5 Wend. 496; 3 
  Miss. 329; 2 Har. & J. 467; 4 Har. & J. 285; 2 Marsh. 429; 4 Conn. 3. 
      19. Covenants are affirmative and negative. 1st. An affirmative covenant 
  is one by which the covenantor binds himself that something has already been 
  done or shall be performed hereafter. Such a covenant will not deprive a 
  man of a right lawfully enjoyed by him independently of the covenant; 5 as, 
  if the lessor agreed with the lessee that he shall have thorns for hedges 
  growing upon the land, by assignment of the lessor's bailiff; here no 
  restraint is imposed upon the exercise of that liberty which the law allows 
  to the lessee, and therefore he may take hedge-bote without assignment. Dy. 
  19 b, pl. 115; 1 Leon, 251. 
      20.-2d. A negative covenant is one where the party binds himself that 
  he has not performed and will not perform a certain act; as, that he will 
  not encumber. Such a covenant cannot be said to be performed until it 
  becomes impossible to break it. On this ground the courts are unwilling to 
  construe a covenant of this kind to be a condition precedent. Therefore, 
  where a tailor assigned his trade to the defendant, and covenanted 
  thenceforth to desist from carrying on the said business with any of the 
  customers, and the defendant in consideration of the performance thereof, 
  covenanted to pay him a life annuity of 190, it was held that if the words 
  "in consideration of the performance thereof," should be deemed to amount to 
  a condition precedent, the plaintiff would never obtain his annuity; because 
  as at anytime during his life he might exercise his former trade, until his 
  death it could never be ascertained whether he had performed the covenant or 
  not. 2 Saund. 156; 1 Sid. 464; 1 Mod. 64; 2 Keb. 674. The defendant, 
  however, on a breach by plaintiff, might have his remedy by a cross action of
  
  covenant. There is also a difference between a negative covenant, which is 
  only in affirmance of an affirmative covenant precedent, and a negative 
  covenant which is additional to the affirmative covenant. 1 Sid. 87; 1 Keb. 
  334, 372. To a covenant of the former class a plea of performance generally 
  is good, but not to the latter; the defendant in that case must plead 
  specially. Id. 
      21. Covenants, considered with regard to the parties who are to perform 
  them, are joint or several. 
      1st. A joint covenant is one by which several parties agree to perform 
  or do a thing together. In this case although there are several covenantors 
  there is but one contract, and if the covenant be broken, all the 
  covenantors living, must be sued; as there is not a separate obligation of 
  each, they cannot be sued separately. 
      22.-2d. A several covenant is one entered into by one person only. It 
  frequently happens that a number of persons enter into the same contract, 
  and that each binds himself to perform the whole of it; in such case, when 
  the Contract is under seal, the covenantors are severally bound for the 
  performance of it. The terms usually employed to make a several covenant are 
  "severally," or "each of us." In practice, it is common for the parties to 
  bind themselves jointly and severally, and then the covenant is both joint 
  and several. Vide Hamm. on Parties 19; Cruise, Dig. tit. 32, c. 25, s. 18; 
  Bac. Ab. Covenant D. 
      23. Covenants are executed or executory. 
      1st. An executed covenant is one which relates to an act already 
  performed. Shep. To. 161. 
      24.-2d. An executory covenant is one to be performed at a future time. 
  Shep. To. 161. 
      25. Covenants are obligatory or declaratory. 
      1st. An obligatory covenant is one which is binding on the party 
  himself, and shall never be construed to raise a use. 1 Sid. 27; 1 Keb. 334. 
      26.-2d. A declaratory covenant is one which serves to limit and direct 
  uses. 1 Sid. 27; 1 Heb. 334. 
      27. Covenants are principal and auxiliary. 
      1st. A principal covenant is one which relates directly to the principal 
  matter of the contract entered into between the parties; as, if A covenants 
  to serve B for one year. 
      28.-2d. An auxiliary covenant is one, which, not relating directly to 
  the principal matter of the contract between the parties, yet relates to 
  something connected with it; as, if A covenants with B, that C will perform 
  his covenant to serve him for one year. In this case, if the principal 
  covenant is void, the auxiliary is discharged. Anstr. 256. 
      29. Covenants are legal or illegal. 1st. A legal covenant is one not 
  forbidden by law. Covenants of this kind are always binding on the parties. 
      30.-2d. An illegal covenant is one forbidden by law, either expressly 
  or by implication. A covenant entered into, in violation of, the express 
  provision of a statute is absolutely void. 5 Har. & J. 193; 5 N. H. Rep. 96; 
  6 N. H. Rep. 225; 4 Dall. 298; 6 Binn. 321; 4 S.& R. 159; 1 Binn. 118; 4 
  Halst. 252. A covenant is also void, if it be of immoral nature; as, a 
  covenant for future illicit intercourse and cohabitation; 3 Monr. 35; 3 
  Burr. 1568; S. C. 1 Bl. Rep. 517; 1 Esp. 13; 1 B. P. 340; or against public 
  policy; 5 Mass. 385; 7 Greenl. 113; 4 Mass. 370; 5 Halst. 87; 4 Wash. C. C. 
  297; 11 Wheat. 258; 3 Day, 145; 2 McLean, 464; 7 Watts, 152; 5 Watts & S. 
  315; 5 How. Miss. 769; Geo. Decis. part 1, 39 in restraint of trade, when 
  the restraint is general; 21 Wend. 166; 19 Pick. 51; 6 Pick. 206; 7 Cowen, 
  307; or fraudulent between the parties; 5 Mass. 16; 4 S. & R. 488; 4 Dall. 
  250; 7 W. & S. 111; or third persons; 3 Day, 450; 14 S. & R. 214; 3 Caines, 
  213; 15 Pick. 49; 2 John. 286 12 John. 306. 
      31. Covenants, in the disjunctive or alternative, are those which give 
  the covenantor the choice of doing, or the covenantee the choice of having, 
  performed one of two or more things at his election; as, a covenant to make 
  a lease to Titus, or pay him one hundred dollars on the fourth day of July, 
  as the covenantor, or the covenantee, as the case may be, shall prefer. 
  Platt on Cov. 21. 
      32. Collateral covenants are such as concern some collateral thing, 
  which does not at all, or not so immediately relate to the thing granted; 
  as, to pay a sum of money in gross, that the lessor shall distrain for rent, 
  on some other land than that which is demised, or the like. Touchs. 161; 4 
  Burr. 2446; 2 Wils. R. 27; 1 Ves. R. 56. These covenants are also termed 
  covenants in gross. Vide 5 Barn. & Ald. 7, 8; Platt on Cov. 69, 70.