We have an account of God's covernant with Abraham Gen. Such a covenant cannot be said to be performed until it becomes impossible to break it. It ought to be rendered, just as the word berith of the Old Testament, "covenant. 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 some amount, 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. 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. It differs from an express assumpsit in that the former may be verbal or in writing not under seal, while the latter must always be by deed. Such a covenant will not deprive a man of a right lawfully enjoyed by him independently of the covenant; such 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.
The subject will be considered with reference; 1. A covenant real runs with the land and descends to the heir; it is also transferred to a purchaser. On this ground the courts are unwilling to construe a covenant of this kind to be a condition precedent. 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. 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 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. In it the Father represented the Godhead in its indivisible sovereignty, and the Son his people as their surety John 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. The formal word 'covenant' is therefore not indispensably requisite. 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. Covenants, in the disjunctive or alternative, are those which give the covenantor the choice of doing, or the covenontee the choice of having performed, one of two or more things at his election; such 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. Non infregit conventionem and nil debet, have both been held to be insufficient. To support this action, there must be a breach of a promise under seal. 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. 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; such as if A covenants with B, that C will perform his covenant to serve him for one year. The assent of the parties to a contract necessarily supposes a free, fair, serious exercise of the reasoning faculty. A declaratory covenant is one which serves to limit and direct uses. In conformity with human custom, God's covenant is said to be confirmed with an oath Deut. To the kind of claim or obligation on which this action may be maintained. 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. 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. The word is used with reference to God's revelation of himself in the way of promise or of favour to men. When in a lease the words 'grant,' 'grant and demise,' 'demise,' or 'demiserunt,' are used, they are instances of implied covenants. An express covenant, or a covenant in fact, is one expressly agreed between the parties and inserted in the deed.
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