Smellie, Men of the Covenant, ch.
A covenant " runs with the land " if it relates either to a thing in esse, which is part and parcel of the demise, e.g.
Apart from these bitter provocations - the prohibition of the sign of the covenant and the desecration of the sacred place - the Jews had a leader who was recognized as Messiah by the rabbi Aqiba.
The story of the " exodus " is that of the religious birth of " Israel," joined by covenant with the national god Yahweh' whose aid in times of peril and need ' On the name see Jehovah, Tetragrammaton.
On the 1st of March 1638 the public signing of the " National Covenant " began in Greyfriars Church, Edinburgh.
The Deutero-Isaiah closes a great prophetic succession, which begins with Amos, continues in Isaiah in even greater splendour with the added elements of hope and Messianic expectation, and receives further accession in Jeremiah with his special teaching on inward spiritual and personal religion which constituted the new covenant of divine grace.
A roll, it is said, was found in the Temple, its contents struck terror into the hearts of the priests and king, and it led to a solemn covenant before Yahweh to observe the provisions of the law-book which had been so opportunely recovered.
ALEXANDER PEDEN (c. 1626-1686), Scottish divine, one of the leading forces in the Covenant movement, was born at Auchincloich, Ayrshire, about 1626, and was educated at Glasgow University.
- A covenant is said to be implied when it is raised by implication of law without any express provision being made for it in the lease.
- A covenant is said to " run with the land " when the rights and duties which it creates are not merely personal to the immediate parties (in which case a covenant is said to be " collateral "), but pass also to their assignees.
A covenant not to assign without the lessor's assent runs with the land and applies to a re-assignment to the original lessee.
A tenant is not responsible, under such a covenant, for deterioration due to diminution in value caused by lapse of time or by the elements.
The class-meeting, the love-feast, the watch-night, the covenant service, leaders, stewards, lay preachers, all were the fruit of this readiness to avail himself of suggestions made by men or events.
A covenant by the lessor, limited to his own acts and those of persons claiming under or through him, for the "quiet enjoyment" by the lessee of the demised premises, and covenants by the lessee to pay rent, to pay taxes, except such as fall upon the landlord, to keep the premises in repair, and to allow the landlord to enter and view the condition of the premises may be taken as typical instances of " usual " covenants.
As instances of " collateral " covenants, we may take a covenant by a lessor to give the lessee a right of pre-emption over a piece of land adjoining the subject of the demise, or in the case of a lease of a beer-shop, not to keep any similar shop within a prescribed distance from the premises demised, or a covenant by a lessee to pay rates on premises not demised.
- These may be subdivided into two classes - covenants not to assign or underlet without the lessor's consent (it may be noted that such consent must be applied for even if, under the covenant, it cannot be withheld); and covenants in restraint of trade, e.g.
Not to use the demised premises for certain trading purposes, and in the case of " tied houses " a covenant by the lessees to purchase all beer required from the lessors.
A covenant to keep in repair requires the tenant to put the premises in repair if they are out of it, and to maintain them in that condition up to and at the end of the tenancy.
A breach of the covenant to repair gives the landlord an action for damages which will be measured by the estimated injury to the reversion if the action be brought during the tenancy, and by the sum necessary to execute the repairs, if the action be brought later.
Under these acts a right of reentry or forfeiture is not to be enforceable unless and until the lessor has served on the lessee a written notice specifying the breach of covenant or condition complained of, and requiring him to remedy it or make compensation, and this demand has not within a reasonable time been complied with; and when a lessor is proceeding to enforce such a right the court may, if it think fit, grant relief to the lessee.
It was governed under a "plantation covenant" until the 4th of June 1639, when, at a general meeting, the "free planters" adopted the fundamental principles of a new government.
He was opposed to the Covenant of the League of Nations, holding that " either the Covenant involves a surrender of national sovereignty and submits our future destiny to the League, or it is an empty thing, big in name, and will ultimately disappoint all of humanity that hinge its hopes upon it."
While opposing the Covenant of the League of Nations, he gave to many of his supporters the impression that he desired an " association of nations " which, without the characteristics of a super-state (such as he believed the League to be), might safeguard peace.
In rejecting the League Covenant, he said " we make no surrender of our hope and aim for an association to promote peace, in which we would most heartily join."
The fuller titles of the ark originate in the belief that it contained the "covenant" (berith) or "testimony" (`eduth), the technical terms for the Decalogue; primarily, however, it would seem to have been called "the ark of Yahweh" (or "Elohim"), or simply "the ark."
Zwingli and Calvin on the other hand prefer the positive view of law as instituted by God far back in history in the days of the Old Covenant; but,, when exegesis or controversy puts pressure upon them, they fall into line and reiterate the appeal to a Natural Law.
Meetings in connexion with the adoption and promulgation of the Covenant were held in the old parish church of Beath.
In place of the old covenant based on external observance, which had been violated, there was to be a new covenant which was to consist not in outward prescription, but in the law which God would place in the heart (Jer.
He was the first to foretell with clearness the return of his people from captivity foreshadowed by Jeremiah, and he set himself the task even in 1 Thus in comparison with the " book of the covenant," Deuteronomy adds the stipulation in reference to the release of the slave; that his master was to provide him liberally from his flocks, his corn and his wine (Deut.
In July of the same year he proceeded to the north to debate on the " Covenant " with the famous Aberdeen doctors; but he was not well received by them.
He presented a draft of the famous " Solemn League and Covenant," which was received with great enthusiasm.
At another time Saul actually gave commands to assassinate his son-in-law, but the breach was made up by Jonathan, whose chivalrous spirit had united him to David in a covenant of closest friendship (xix.
David's friendly relations with the Philistines find a parallel in Isaac's covenant with Abimelech.
A lease under the Settled Land Act 1882 must be by deed and must be made to take effect in possession not later than 12 months after its date; the best rent that can reasonably be obtained must be reserved and the lease must contain a covenant by the lessee for payment of the rent, and a condition of re-entry on nonpayment within a specified time not exceeding 30 days.
Where the agreement provides for the insertion in the lease of " proper " covenants, such covenants only are pointed at as are calculated to secure the full effect of the contract, and a covenant against assignment or under-letting would not ordinarily be included.
Leases frequently contain a covenant by the lessee to bear and pay rates, taxes, assessments and other " impositions " or " charges," or " duties " or " outgoings," or " burdens " (except property tax) imposed upon the demised premises during the term.
It may be added that, if a lessee covenants to pay rates and taxes, no demand by the collector apparently is necessary to constitute a breach of the covenant; where a rate is duly made and published it is the duty of the parties assessed to seek out the collector and pay it.
But the respective obligations of parties where repairs are, as they always are in leases for years, the subject of express covenant, may vary indefinitely.
The amount and quality of the repairs necessary to fulfil the covenant are always relative to the age, class and condition of the premises at the time of the lease.
(iv.) Covenants by the tenants to insure the premises and keep them insured are also common; and if the premises are left uninsured for the smallest portion of the term, though there is no damage by fire, the covenant is broken.
In the United States, as in England, the covenant for quiet enjoyment only extends, so far as relates to the acts of third parties, to lawful acts of disturbance in the enjoyment of the subject agreed to be let.
At the Restoration he signed the declaration required by the Act of Uniformity, and on this account he was the subject of a libellous attack, published in 1665, entitled Covenant-Renouncers Desperate Apostates.
After an exhortation to the judges of the earth to put away evil counsels and thus avoid death, the author declares that God has made no kingdom of death on the earth, but ungodly men have made a covenant with it: certain sceptics (probably both Gentile and Jewish) holding this life to be brief and without a future, give themselves up to sensuality and oppress the poor and the righteous; but God created man to be immortal (ii.
In the Elohist Book of the Covenant (Exod.
The communion meal would, according to the views of Robertson Smith, also involve the idea of a covenant; while the fact that no person joining in the meal should be uncircumcised connects the feast with the covenant of Abraham.
Clement himself often mentions the KKX7 / 0-LacrtK6s Kavcw, and defines it as the agreement and harmony of the law and the prophets with the covenant delivered at the appearance of Christ (Strom.
(X.) Ark of the Covenant, Ark of the Revelation, Ark of the Testimony, are the full names of the sacred chest of acacia wood overlaid with gold which the Israelites took with them on their journey into Palestine.
As the settlement was outside the jurisdiction of any province, and as trouble arose between the two sects, a plantation covenant was drawn up and signed in 1640 by forty-one of the inhabitants.
We cannot tell when the Sabbath became dissociated from the month; but the change seems to have been made before the Book of the Covenant, which already regards the Sabbath simply as an institution of humanity and ignores the new moon.
The new covenant of redeeming grace - the righteousness which is in the heart and not in externalities of legal observance or ceremonial - are once more proclaimed, and the exalted ideals of the suffering servant of Isa.
Unlike the " National Covenant " of 1638, which applied to Scotland only, this document was common to the two kingdoms. Henderson, Baillie, Rutherford and others were sent up to London to represent Scotland in the Assembly at Westminster.
The " Solemn League and Covenant," which pledged both countries to the extirpation of prelacy, leaving further decision as to church government to be decided by the " example of the best reformed churches," after undergoing some slight alterations, passed the two Houses of Parliament and the Westminster Assembly, and thus became law for the two kingdoms. By means of it Henderson has had considerable influence on the history of Great Britain.
The decisions on the point are numerous and difficult to reconcile, but the main test is whether, on the true construction of the particular covenant, the lessee has undertaken to indemnify the landlord against payments of all kinds.
Where there is an unqualified covenant to repair, and the premises during the tenancy are burnt down, or destroyed by some other inevitable calamity, the tenant is bound to rebuild and restore them at his own expense, even although the landlord has taken out a policy on his own account and been paid by the insurance company in respect of it.
4, 46) is usually interpreted to be the Baal or God of the covenant, but whether of covenants in general or of a particular covenant concluded at Shechem is disputed.
In the " book of the covenant " (Ex.