COVENANT. 
feems to be now fettled, that courts of equity will com¬ 
pel an affignee of a term to account for the rent the 
whole time he enjoyed the land. Treacle v. Coke, i Vtrn. 
165. Whether equity will, in order to fecure tjie future 
rents, under any circumftances, reftrain an affignee from 
afligning to a beggar or infolvent perfon, was confidered 
but not determined, in the cafe of Philpot v. Hoare, 2 
Atk. 219. If the affignee offer to give up the polfeliion 
to the lelfor on reafonable terms, and the lelfor refufe to 
accept fuch furrender, it were clearly too much for a 
court of equity, in reftriftion of a legal right, to prevent 
the aflignment. Vaillant v. Dodomede, 2 Atk. 546. But 
fuppofing the lelfor to be willing’to accept of a furrender 
ot the term, and the aflignee wantonly to infill on his le¬ 
gal right to aflign, when and to whom he pleafed, it 
leems that, under certain circumftances, a court of equity 
might without impropriety interpole to prevent the abule 
ot Inch right; and this lord Hardwicke appears to ad¬ 
mit, in Vaillant v. Dodomede;- for having ftated the le¬ 
gal right and the propriety of courts of equity in general, 
following the rule of law, he obferves, “ but it is true 
in fome fort of alignments made by tenants, the court 
has interpofed:” nor does the difficulty reported to have 
occurred to lord Hardwicke, in Philpot v. Hoare, appear, 
upon examination, to have been intitled to much atten¬ 
tion. His lordfhip is reported to have laid, “ As to the 
accruing rents, it is a point of more difficulty; for the 
covenant in this leafe not to aflign, does not run with the 
land to the aflignee, becaufe afligrtees are not bound by 
name in the covenant.” Whence it might be inferred, 
that if aligns had been exprefsly included in the cove¬ 
nant, his lordfhip would have confidered them bound by 
the covenant. But whether affignees be bound or not 
by a covenant, does not, (except in the cafe of a colla¬ 
teral covenant to be done upon the land,) depend upon 
their being named in the covenant; for if the covenant 
run with the land, affignees are bound, whether named 
or not ; and if the covenant do not run with the land, 
but is a perfonal contraft, or refpeft fomething to be 
done purely collateral to, and not on the land, they are 
not bound, though they be exprelsly named. See Spen¬ 
cer’s cafe, 5 Co. 16 b. 17 a. Therefore, whether the af¬ 
lignee was named or not was immaterial to the queftion, 
Whether the affignee was bound by the covenant not to 
align without confent of the lelfor i Nor does it appear 
as having been neceffary in order to determine whether a 
court of equity fliould reftrain an alignment to a beggar, 
previoufly to determine, whether the affignee was bound 
by the covenant not to align ; for fuppofing the affignee 
to be bound at law by the covenant, equity may reftrain 
the wanton and fraudulent breach of a covenant; and 
fuppofing him not to be bound, yet he may be affedled 
in conference upon the fame principle that the aflignee 
of a merely perfonal covenant may be affefted in con¬ 
fidence, though not bound at law. See City of London 
v. Richmond, 2 Fern. 421. 
The grantee of a reverlkm may bring aftion of cove¬ 
nant againft a leflfee, as well in the county where the 
demife was made, as in the county where the lands lie. 
Carthew, 183. A perfon covenants with another, to pay 
him money at a time to come, and doth not fay to his 
executors, &c. if the covenanter die before the day, yet 
his executors or adminiftrators lhall have the money. 
Dyer, 112, And in every cafe where the teftator is bound 
by a covenant, the executor ffiall- be bound by it; if it 
be not determined by his death. 48 Edw. III. 2. It A. 
I'eil'ed of land in fee, conveys it to B. and covenants with 
B. his heirs and afligns, to make any other affurance upon 
requeft ; and after B. conveys it to C. who conveys it to 
D. ; and then D. requires A. to make another affurance, 
according to the covenant ; il he refufes, D. ffiall have 
an action of covenant againft him, as affignee to B. 2 
£anv. 236. A lelfor made a leafe of a houle for years, 
excepting two rooms, and free paflage to them ; the lelfee 
.aligned the term, and the lelfor brought covenant againft 
j. 
the aflignee for difturbing him in his paflage to thofe 
rooms ; and adjudged that the aft ion lies : for the cove¬ 
nant as to the paflage, goes with the tenement, and binds 
the aflignee. 1 Salk. 196. If a man who leafes for years, 
oufts the lelfee, he fliall have covenant againft him. 48 
Edzu. III. 2. A man grants a watercourfe, and after¬ 
wards (lops it; for this voluntary mis-feafance, covenant 
lies. 1 Saund. 322. Though where the life of a thing is 
demifed, and it runs to decay, lb that the lelfee cannot 
have the benefit of it, for this non-feafance no action 
of covenant lieth : nor may covenant be brought for a 
thing which was not in c]fe at the making of the leafe. 
2 Danv. 233. 
If a perfon covenants that he hath good right to grant, 
and he hath no right, it is a breach of covenant, for 
which aftion of covenant lies. 2 Bui. 12. A covenant for 
the lelfee to enjoy againft all men; this extends not to 
tortious afts and entries, See. for which the lelfee hath 
his proper remedy againft the aggrelfors. Vang/t. 120. 
Where there is a covenant to fave harmlefs againft a cer¬ 
tain perfon, there the covenantor mull fave the cove- ' 
nantee harmlefs againft the entry of that perfon, be it 
by wrong or rightful title : but if it be to fave harmlefs 
againft all perfons, the entry and eviftion mult be by 
lawful title. Cro. Eliz. 213. Where the covenant is to 
do a thing, and no time appointed for performance, it 
muft be done in convenient time. 2 And. 73. Dyer, 57. 
But a covenant muft wait upon and join with the .grant; 
fo that if it be to make fuch affurance as ffiall be reafon- 
ably devifed, it muft be of an affurance that differs not 
from the bargain : and when the eftate to which a cove¬ 
nant is annexed is at an end, the covenant is gone. Hob. 
276. In an indenture, the word covenant, is the word 
both of lelfor and lelfee ; and therefore if the lelfee cove¬ 
nants to pay the rent, this is a relervation. Though 
when there is a covenant for a lelfee to repair, and he 
makes an under-leafe to one who is in polfeffion, the un- 
der-lelfee is not liable to that covenant in law or equity. 
1 Rol. Rep. 80. 1 Fern. 87. If a lelfor covenant with the 
lelfee that he ffiall have houfe-bote, See. by aflignment 
of his bailiff, this is a good covenant : and yet it doth 
not reftrain the power that the lelfee hath by law to 
take thofe things without aflignment : but if a lelfee co¬ 
venants, that lie will not cut any timber, without the 
leave or aflignment of the lelfor ; by this he will be re- 
ftrained. Dyer, 19. 
The molt frequent ufe of a covenant, is to bind a man 
to do fomething in futuro, and therefore it is for the molt 
part executory : and if the covenantor do not perform 
it, the covenantee may thereupon for his relief have an 
aftion or writ of covenant, againft the covenantor, fo 
often as there is any breach of the covenant. Not that 
any duty or caufe of aftion arifes on a covenant, till it 
is broken : and as to breaches of covenant, if a perfon 
by his own aft difables himfelf to perform a covenant, 
it is a breach thereof. 5 Rep. 21. Though there can be 
no covenant or breach, where a leafe is void. Yelv. 18. 
But here, although when a covenant concerns the in- 
tereft of the leafe, as where it is for paying rent, it is 
void, if the leafe be fo : yet where covenants are colla¬ 
teral to the leale and intereft, though that be void, the 
covenants may be good. 136. And it a covenant 
to do a thing is performed in fubftance, and according to 
the intent, it is good, though it differs from the words ; 
and on the other hand, although the covenantor performs 
the letter of his covenant, if he does any aft to defeat 
the intent and ufe of it, he is guilty of a breach. Mod. 
Ent. Eng. In covenant that a perfon fliall hold land free 
from all incumbrances, and be kept indemnified from 
arrears of rent; there, till an aftion is brought, or dif- 
trefs made, he is not damnified ; and a fuit in Chancery 
is no breach in finch cafe ; but, where a jointure or dower 
is recovered, it is. Skin. 397. Palm. 339. When the in¬ 
tention of the parties can be collefted out of a deed, 
for the doing or not doing of the thing, covenant fliall 
