The question what covenants are " usual " is a question of fact.
A popular book, Jus Populi Vindicatum (1669), demanded the restoration of the covenants, which meant civil war, the hanging of the bishops, and even applauded assassination by men who had " a call," like Phinehas.
The component parts of a lease are the parties, the recitals (when necessary) setting out such matters as the title of the lessor; the demise or actual letting (the word " demise " is ordinarily used, but any term indicating an express intention to make a present letting is sufficient); the parcels in which the extent of the premises demised is stated; the habendum (which defines the commencement and the term of the lease), the reddendum or reservation of rent, and the covenants and conditions.
Thus a lessee is under an implied obligation to treat the premises demised in a tenant-like or " husband-like " manner, and again, where in a lease by deed the word " demise " is used, the lessor probably covenants impliedly for his own title and for the quiet enjoyment of the premises by the lessee.
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.
Covenants by the lessee to build and repair, not to assign or underlet without license, or to insure, or not to carry on a particular trade on the premises leased, have been held not to be " usual."
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.
At common law, it was said that covenants " ran with the land " but not with the reversion, the assignee of the reversion not having the rights of the original lessor.
All implied covenants run with the land.
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.
In addition a lease frequently contains covenants for renewal of the lease at the option of the lessee, and for repairs or insurance against damage by fire by the lessee.
(i.) The landlord generally covenants - and, in the absence of such a proviso, a covenant will be implied from the fact of letting - that the tenant shall have quiet enjoyment of the premises for the time agreed upon.
(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.
(v.) Covenants to bear and pay rates and taxes have been discussed above.
There is no privity of contract between an underlessee and the superior landlord, but the latter can enforce against the former restrictive covenants of which he had notice; it is the duty of the underlessee to inform himself as to the covenants of the original lease, and, if he enters and takes possession, he will be considered to have had full notice of, and will be bound by, these covenants.
Such customary tenant right only arises at the expiration of the lease, and on the substantial performance of the covenants; and is forfeited if the tenant abandons his tenancy during the term.
The Old and the New Covenants are related to one another as imperfect (earthly) and perfect (heavenly) forms of the same method of salvation, each with its own type of sacrifice and priesthood.
Hence the moral of his whole argument as to the two covenants, though it is formulated only incidentally amid final detailed counsels (xiii.
Before landing in Scotland in June 1650 declared by a solemn oath his approbation of both covenants, and this was renewed on the occasion of his coronation at Scone in the following January.
They maintained, however, their cherished covenants with a zeal which persecution only intensified; in 1680 the more extreme members of the party signed a document known as the "Sanquhar Declaration," and were afterwards called Cameronians from the name of their leader, Richard Cameron.
They renounced their allegiance to King James and were greatly disappointed when their standards found no place in the religious settlement of 1689, continuing to hold the belief that the covenants should be made obligatory upon the entire nation.
As covenants were ordinarily made over a sacrificial meal, in which salt was a necessary element, the expression " a covenant of salt " (Numb.
Charles came to Scotland; he signed the Covenants, while his tormentors well and duly knew that the action was a base hypocrisy, that they had tempted him to perjury.
In their eyes, as Charles had taken both Covenants, he was bound to remain a Presbyterian and to establish Presbyterianism in England, a thing impossible and entailing civil war in the attempt.
In 1744 they made the " Taking of the Covenants " a term of ministerial and Christian communion.
Holding fast to the two covenants, the National Covenant of 1580 and the Solemn League and Covenant of 1643, they wished to restore the ecclesiastical order which had existed between 1638 and 1649, and were dissatisfied with the moderate character of the religious settlement of 1690.
In 1712 they publicly renewed the covenants at Auchensauch Hill in Lanarkshire, and in 1743 their first presbytery was constituted at Braehead, while a presbytery was formed in North America in 1774.
The Covenants were not mentioned; at his coronation William had refused to be a persecutor, and he desired that the church should embrace all who were willing to be in it.
Of the Protestant barons Knox, though in exile, seems to have been henceforward the chief adviser; and before the end of 1 557 they, under the name of the "Lords of the Congregation," had entered into the first of the religious "bands" or "covenants" afterwards famous in Scotland.
In August he was forced to sign a further declaration, confessing his own wickedness in dealing with the Irish, his father's blood-guiltiness, his mother's idolatry, and his abhorrence of prelacy, besides ratifying his allegiance to the covenants and to Presbyterianism.
Treaties and occasional very important contracts were made "blood-covenants" and inviolable by drawing a drop of blood from the little finger of each of the contracting parties, blending this with water, and both drinking the mixture out of the same cup. The forms of legal evidence were pledges, documents, witnesses and oaths.
The first parliament (1661-1663), under Middleton, was obsequious enough to grant the king £40,000 annually, to abolish the covenants and to rescind all but the private legislation of the revolutionary years (1638-1660).
They constituted themselves a presbytery, and maintained that the covenants were perpetually binding.
The Covenanters were thus named because in a series of bands or covenants they bound themselves to maintain the Presbyterian doctrine and polity as the sole religion of their country.
Firmly seated upon the throne Charles renounced the covenants, which in 1662 were declared unlawful oaths, and were to be abjured by all persons holding public offices.
From the scriptural doctrine of the essentially spiritual nature of the kingdom of Christ, Glas in his public teaching drew the conclusions: (1) that there is no warrant in the New Testament for a national church; (2) that the magistrate as such has no function in the church; (3) that national covenants are without scriptural grounds; (4) that the true Reformation cannot be carried out by political and secular weapons but by the word and spirit of Christ only.
In 1896 and 1897 Prussia and Hamburg signed covenants whereby two channels are to be kept open to a depth of 9.
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.
(iii.) The Covenants running with the Land.
The stronger current of modern authority is in favour of the landlords and not in favour of restricting the meaning of covenants of this class.
These are to a large extent regulated by the covenants of the lease.