COVENANT, a mutual agreement of two or more parties, or an undertaking made by one of the parties. In Old Testament theology the word connotes a' strongly-binding agreement, e.g., the covenant between Abimelech and Isaac ; even more particularly a covenant between God and man (Gen. xv. 17).
The word is used by Johannes Cocceius (q.v.) to describe his "covenant" or "federal" theology, based on the two covenants of works or life made by God with Adam, on condition of obedi ence, and of grace or redemption, made with Christ. In Scottish ecclesiastical history, covenant appears in the two agreements signed by the members of the Scottish Church in defence of their religious and ecclesiastical systems (see COVENANTERS).
The Ulster Covenant was a solemn pledge undertaken through out the province of Ulster in Ireland on Sept. 27, 1912, by the fol lowers of Sir Edward (Lord) Carson (q.v.) in his opposition to Home Rule (see IRELAND: History).
Covenant is also in English law a word which has been used in a variety of senses. In its strict sense, covenant means an agreement under seal, that something has or has not already been done, or shall or shall not be done hereafter (Shep. Touchstone, 16o, 162). The person who makes, and is bound to perform, the promise or stipulation is the covenantor : the person in • whose favour it is made is the covenantee.
A covenant is said to be express when it is created by the ex press words of the parties to the deed declaratory of their inten tion. It is not indispensable that the word "covenant" should be used. Any word which clearly indicates the intention of the parties to covenant will suffice. An implied covenant, or covenant in law, "depends for its existence on the intendment and construction of law. 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; and they are as effectually binding on the parties as if expressed in the most unequivocal terms" (Platt on Covenants, p. 4o). The Conveyancing Act 1881 (now ss. 76 and 77 cf the Law of Property Act 192 5) provides that in conveyances for valuable consideration, certain covenants are to be implied, although not specified in the instrument. All these statutory implied covenants "run with the land" (see LANDLORD AND TENANT). The distinc tion between real and personal covenants is that the former do, while the latter do not, run with the land. When a covenant relates to an act already done, it is usually termed a covenant executed; where the performance is future, the covenant is termed executory. The covenant for seisin was an assurance to the grantee that the grantor had the estate which he purported to convey. In England it is now included in the covenant for right to convey ; but it is still in separate use in several States in the United States. The covenant to stand seised to uses was an assurance by means of which, under the Statute of Uses [ 1536] (see UsEs), a conveyance of an estate might be effected. It is now obsolete, the Statute of Uses having been repealed by the Law of Property Act The term "covenant" is unknown to Scots law. But its place is filled to some extent by the doctrine of "warrandice." Many of the British colonies have legislated, as to the implication of cove nants for title, on the lines of the English Conveyancing Act 1881. See Burgos, Colonial and Foreign Laws, 2nd ed., vol. ii. pl. ii.
As to covenants in restraint of trade see RESTRAINT.
In the United States, some of the states have abolished the dis tinction between sealed and unsealed instruments, and where such has been done, an action of covenant may be brought upon any writing operating as a deed, or where debt or assumption might have been maintained before the abolition of such distinction. Statutory modifications have been made in many of the states as to the method of bringing the action. (See further LEAGUE OF