<274 C O V 
As a tyger, who by chance hath fpy’d, 
In fome purlieu, two gentle fawns at play, 
Straight couches dole ; then riling, changes oft 
His couchant watch. Milton. 
COU'CHEE, f. [Fi\] Bed-time ; the time of vifiting 
late at night : 
None of her fylvan fubjedls made their court; 
I.evees and couchccs pafs’d without refort. Drydcn. 
COUCH'ER, f A fadlor refiding in fome place for 
fake of traffic ; a regi(ter-book of a corporation or reli¬ 
gious houfe ; one who couches catarubls; a fetter or 
letting-dog. 
COU'CHES, a town of France, in the department of 
the Saone and Loire, and chief place of a canton, in 
the diftridl of Autun: four leagues ealt-fouth-eaft of 
Autun. 
COUCHETOU', a town of Afia, in the country of 
Thibet: nine leagues eaft-north-eaf! of Afta-Hotun. 
COUCH'FELLOW, f Bedfellow ; companion.—I 
have grated upon my good friends for three reprieves for 
you, and your couch fellow, Nim ; or elfe you had looked 
through the grate like a geminy of baboons. Shakefpeare. 
COUCH'GRASS, f. in botany. See Triticum.—• 
The ' couchgrafs, for the fir If year, infenfibly robs molf 
plants in fandy grounds apt to graze. Mortimer. 
COU'CO, a country of Africa, in Algiers, governed 
by an independent king or chief: the country is moun¬ 
tainous, but fertile, and is fituated between Algiers and 
Boujeiah. 
COU'COU-TCHACSAC, a town of Afia, in the 
country of Thibet: four leagues north of Cha-tcheou. 
COUCOU'R-HOTUN, a town of Afia, in the country 
of Thibet: feventy leagues well of Tourfan, Lat. 42. 
56. N. Ion. 102. 39. E. Ferro. 
COUCOURON', a town of France, in the department 
of the Aveiron, and chief place of a canton, in the dif- 
fcridt of Tanargue: nine leagues well of Privas. 
COU'CY, a town of France, in the department of the 
Ailne, fituated on the Oife, and feat of a tribunal; it is 
divided into two parts, called Couc.y la Chapellc, and Covey 
U Chateau-, twelve miles well of Laon, and thirteen ealt- 
fouth-eall of Noyon. 
COU'DRAS, a fmall ifland in St. Lav/rence river, 
about forty-five miles north-eafl of Quebec. 
COU'DRAY (Le), a town of France : two leagues 
north-eaft of Paris. 
COVE, /. A fmall creek or bay. A Ihelter; a cover. 
To COVE, v.a. To arch over. A ceiling arched at 
the fides is called a coved ceiling. Majon's Supplement. 
CO'VENANT, f. \_convenant, Fr. convenlum, Lat.] A 
contradl ; a flipulation.—Some men live as if they had 
made a covenant with hell : let divines, fathers, friends, 
fay what they will, they Hop their ears againlt them. 
L' EJlrangc. 
The Englilh make the ocean their abode, 
Whole ready fails with ev’ry wind can fly, 
And make a cov'riant with th’ inconllant (ky. Waller. 
An agreement on certain terms; a compadl.—A covenant 
is a mutual compact, as we now confider it, betwixt God 
and man; confining of mercies, on God’s part, made 
over to man ; and of conditions, on man’s part, required 
by God. Hammond. 
CO'VENANT,/. in law, is the agreement or confent 
.of two or more by deed in writing, fealed and delivered ; 
whereby either or one of the parties doth promile to the 
other that fomething is done already, or lhall be done 
afterwards: he that makes the covenant is the cove¬ 
nantor ; and he to whom it is made, the covenantee. A 
covenant is generally either in fadl, or in law ; in fa 61 , is 
that which is exprefsly agreed between the parties, and 
ini’erted in the deed ; and in law, is that covenant which 
the law intends and implies, though it be not exprelTed 
in words; as if a lelfor demile and grant Lo his lelfee a 
COV 
houfe or lands, See. for a certain term, the law will in¬ 
tend a covenant on the le (Tor’s part, that the lelfee (hall, 
during the term, quietly enjoy the fame againlt all in¬ 
cumbrances. 1 lnjl. 3S4. There is alfo a covenant real, 
and covenant perfonal : a covenant real is, that whereby 
a man ties himfelf to pals a thing real, as lands or tene¬ 
ments ; or to levy a fine of lands, &c. And covenant 
perfonal, is where the fame is annexed to the perfon and 
merely perfonal ; as if a perfon covenants with another 
by deed to build him a houfe, or to ferve him, &c. Co¬ 
venants are likewife inherent, that tend to the fupport of 
the land or tiling granted ; or are collateral to it; and are 
affirmative, where fomewhat is to be performed ; or ne¬ 
gative; executed, of what is already done, or executory; 
a covenant being to bind a man, to do fomething in futuro , 
is for the molt part executory. 1 Vent. 176. Dyer, 112. 
A covenant to fettle or convey particular lands, will 
not at law create a lien upon the lands; but in equity 
fuch a covenant, if for a valuable confideration, will be 
deemed a fpecific lien on the lands, and decreed againlt 
all perfons claiming under the covenantor, except pur- 
chafers for valuable confideration, and without notice of 
fuch covenant. Finch v. Earl of Winchelfea, 1 P. Wms. 
282. Freemoult v. Dedire, 1 P. Wms. 429. Coventry v. 
Coventry, belt reported at the end of Francis’s Maxims ; 
for equity confiders that as done, which being diltinclly 
agreed to be done, ought to have been done. A gene¬ 
ral covenant to fettle lands of a certain value, without 
mentioning any lands in particular, will not create a fpe¬ 
cific lien on any of the lands of the covenantor, and 
therefore cannot be fpecifically decreed in equity. But 
if the covenantor exprefsly declare the fettlement to be 
in execution of his power, though the particular lands 
to be charged be not l’pecified, equity will afeertain them. 
It is held in all cafes w here words that begin any fen- 
tence are conditional, and give another remedy, they lhall 
not be confirmed a covenant ; and yet if words of condi¬ 
tion and covenant are coupled together in the fame fen- 
tence, as provided always, and it is covenanted, Sec. in that 
cafe they may be* adjudged both a condition and cove¬ 
nant. March, 103. 
The law does not feem to have appropriated any fet 
form of words, as abiolutely neceflfary to be made ufe of 
in creating a covenant; and therefore it feems that any 
words will be effectual for that purpofe, which (hew the 
party’s concurrence to the performance of a future a£l; 
as if lelfee for years covenants to repair, &c. provided 
always, and it is agreed, that the lelfor ffiall find great 
timber, &c. this makes a covenant on the part of the 
lelfor to find great timber, by the word agreed ; and it 
lhall not be a qualification of the covenant of the leffee. 
1 New Abr. 527. “ The dependence or independence of 
covenants, is to be colledted from the evident fenfe and 
meaning of the parties; and however tranfpofed they 
may be in a deed, their precedency mull depend on the 
order of time in which the intent of the tranfaClion re¬ 
quires their performance.” Per lord Mansfield. Jonea 
v. Berkley, Dougl. 665. Hotham v. The Eall-India Com¬ 
pany, i Term Rep. 638. Where the participle doing, per - 
forming, paying, repairing, is prefixed to a covenant, it is 
clearly a mutual covenant, and not a condition prece¬ 
dent. Boone v. Eyre, 2 Black. Rep. 1312. But where the 
covenant goes to the whole confideration on both fides, 
there it is a condition precedent. Duke of St. Alban’s 
v. Shore, 1 H. Black. Rep. 270. 
If one makes a leafe for years, referring a rent, aflion 
of covenant lies for non-payment of the rent; for the red¬ 
dendum of the rent is an agreement for payment of it, 
which will make a covenant. 2 Danv. 230. A leafe is 
made to two, and one feals the deed, but the other does 
not; if he accepts the eftate and occupies the land, he 
is bound to perform the covenants for payment of the 
rent, reparations, and the like. 1 Skcp. Abr. 458. If one 
man covenants to pay another twenty pounds at a day; 
although he may liave action of debt for the twenty 
