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At the head of the table was the Chief himself, with Edward, and two or three Highland visitors of neighbouring clans; the elders of his own tribe, wadsetters and tacksmen, as they were called, who occupied portions of his estate as mortgagers or lessees, sat next in rank; beneath them, their sons and nephews and foster-brethren; then the officers of the Chief's household, according to their order; and lowest of all, the tenants who actually cultivated the ground.
For in these bargains wherein elements of the Roman contract and feudal customs were curiously blended, two classes of rights had been invariably reserved by the ducal mortgagers: Monopolies, regal in nature, such as assured free circulation on the highways, the old Roman roads, all jurisdiction of passports and travellers' protection. The suzerainty.
But by the new institute of the rights of men, the only persons who in equity ought to suffer are the only persons who are to be saved harmless: those are to answer the debt who neither were lenders nor borrowers, mortgagers nor mortgagees. What had the clergy to do with these transactions? What had they to do with any public engagement further than the extent of their own debt?
At the head of the table was the Chief himself, with Edward, and two or three Highland visitors of neighbouring clans; the elders of his own tribe, wadsetters and tacksmen, as they were called, who occupied portions of his estate as mortgagers or lessees, sat next in rank; beneath them, their sons and nephews and foster-brethren; then the officers of the Chief's household, according to their order; and lowest of all, the tenants who actually cultivated the ground.
At the head of the table was the Chief himself, with Edward, and two or three Highland visitors of neighbouring clans; the elders of his own tribe, wadsetters, and tacksmen, as they were called, who occupied portions of his estate as mortgagers or lessees, sat next in rank beneath them, their sons, and nephews, and foster-brethren; then the officers of the Chief's household, according to their order; and, lowest of all, the tenants who actually cultivated the ground.
Shorn of the impressive terms so beloved of law and lawyers, the document set forth that in consideration of being allowed to retain all his live-stock, wagons, and household goods, instead of merely the fixed number of cattle, horses, and wagons, and those specified household articles, exempt from seizure under the law, Dale voluntarily released to the mortgagers, without the formality of foreclosure proceedings, the mortgaged property comprising six hundred and forty acres as described hereinafter, etcetera.
At the head of the table was the Chief himself, with Edward, and two or three Highland visitors of neighbouring clans; the elders of his own tribe, wadsetters and tacksmen, as they were called, who occupied portions of his estate as mortgagers or lessees, sat next in rank; beneath them, their sons and nephews and foster-brethren; then the officers of the Chief's household, according to their order; and lowest of all, the tenants who actually cultivated the ground.
With his incessant inflow of surplus wealth, Astor was in a position where on the instant he could take advantage of the difficulties of less rich men and take over to himself their property. A large amount of Astor's money was invested in mortgages. In times of periodic financial and industrial distress, the mortgagers were driven to extremities and could no longer keep up their payments.
But some of these found their own personal interests at stake. So good had the tenure seemed, that it had been accepted as security for debt, and the Gracchan attack united for once the usually hostile ranks of mortgagers and mortgagees. The alarm spread from Rome to the outlying municipalities.
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