The Express.
London, England, 1848-03-18 00:00:00

to Brunei, the capabilities of an empire in the nor*
east corner of Borneo will be seen. We deprecak
indeed, any such gigantic colony, having quite enough
of vents for emigration expenditure without that ; but
'gill we have our misgiv logs, and have no doubt
that Mr. Brooke's example will beget imitators, and
that we shall have more English rajahs superseding
Malay chiefs, and ruling over a Dyak population, on
the choice spots of this interesting coast.
The author's account of Sooloo, the island centre of
empire in these parts, is full and satisfactory. It is
evident, from this account, that final repression will
not be put to pirates, unless a formidable ex-
pedition be directed against the country of Illations,
in the great bay of Mindanao, of which the
coral rocks and indented creeks form their strong-
hold. It was rather a preposterous idea of
the French admiral choosing Basilan for the Preach
colony in these parts. It is precisely opposite the
mouth of the pirate bay, pirate itself; so that to hold
Basilan would have required a fleet and a two years*
war, for which the French admiralty not being quite
prepared wisely abandoned the island.
Indeed the sole business of the French in those sees
seems to be to drop missionaries in the islanda. This
of course leads to mistrust and hostility, not to
conversion, from the fact of the missionaries
having been invariably the forerunners of conquest.
A Spanish commander once showed some Japanese
• map of the world, and pointed out on it the extent
of the King of Spain's dominions. The Japancs.
I 'eked with surprise—" How is it that the King
has managed to possess himself of halt the world
The Spaniard replied—" He commences by sending
priests, who win over the people ; and when tins is
done, his troops are despatched to juin the native
Christians, and the conquest is easy and complete."
Now onder the Japanese rulers banished the Spaniards
and put to death their priests. A similar story might
be told of English merchants.
All the Chinese races repudiate Christianity for
political reasons. The Malays repudiate it because
they are conquerors and Mahommedans. But per-
haps the most promising converts that ever were
offered to Christian missionaries are the Dyalca ; and,
no doubt, the empire that Mr. Brooke is founding at
Sarawak must, if it survives, be a Christian empire.
The missionaries there have a much more hopeful
task than in China, or Lou Choo, or in the islands
peopled by Mahommethas and Malaya.
No work has appeared as yet which gives
so full a knowledge of the archipelago be-
tween Borneo and the Manillas, as this present one
of Sir Edward Belcher. The volumes are valuable
alike to the geographer, the mariner, the merchant,
and the man of science : they contain information for
all, in addition to a rich fund of entertainment for the
general reader.
Not the least interesting portion of them is to be
found in the account of the Semarang's visit to
Nangasaki, the foreign port of Japan. A change
has obviously taken place there, a change favourable
to the renewal of trade. The feeling of the authorities
of Nangasaki was evidently in favour of relations with
the new comers, of whose prowess in China they
have received very correct accounts. Their dislike
and repudiation of the French were probably owing
to their knowledge that the French were in the habit
of sending catholic missionaries, that class of whom
they are most in dread. And the Dutch would no
doubt keep them informed on this point.
The account which the author gives of a French
missionary dropped on one of the islands of Loo Chao,
shows how little progress these gentlemen are likely
to make. Sir Edward's account of the Loo Chooian"
differs considerably from that of Basil Hall, who, he
asserts, was kept prisoner by the good Loo Chooiens
on several occasions,—a startling addition to the
worthy captain's well-known romance.
Sir Edward Belcher fully clears himself, we think,
from the charge of having needlessly attacked the
Malay prahus without being certain of their piratical
character. On the contrary his forbearance seems to
have been great on many occasions. And his very
difficult dealings with many sultans, as well as lesser
Spanish authorities, with never other than a good re-
sult, shows him to be possessed of as much prudence
and address as spirit

ASSIZE INTELLIGENCE.

HOME ClRCUlT.—Mstoirrowl, MARCH if.
COM -ran:.—Berme the Lord Chief Justine and a Special Jury.
1)311 ON THE DEICES OF ViAItHP.N v LADY BeYIK,
GRAVEKIND.--This was an action of ejectment to recover
possession of a considerable quantity of land, and which in-
volved the question of gavelkind tenure peculiar to the
county of Kent. Sir F. Theliger, Serjeant Channel!, Mr.
Fortescue, and Mr. Peacock, were for the plaintiff; the
Attorney General, Mr. Russell Gurney, Mr. Baddelry, and
Mr. Hall appeared for the defendant.
The question involved in tnia case has been so frequently
the subject of litigation, and the proceedings have been so
fully detailed on formrr occasions, that not now be ne-
cessary to do more than give a brief narrative of the point at
issue between the parties. It appears that in the jeer
1786, certain property in Kent, known sa the Wootton-court
Estate, and the advowson of (the pariah of Wootton, and
Swanton Woods, were in the possession of a Lady named
Brydges, wbo at that time had three SOON the eldest being
Edward Tunewell Brydges, the next Samuel, afterwards Sir
Samuel Egerton Brydges, and John, afterwards Sir John
William Head Brydges. Various deeds, agreements, marries*
settlements, &c., were made between the parties for several
years, the property being apparently treated all this time
as being of gavelkind tenure, that is to say, instead of de-
scending, according to the common law, to the eldest son, as
heir-at-law, it was equally divided between the male heir..
The son Edward died, and the property was divided in
moieties between Sir Egerton Brydges and his brother John ;
and the former getting into difficulties raised considerable
sums of money, by way of mortgage, upon his share of the
property; and eventually he went abroad, where he died,
saving his share very much incumbered. The defendant in
the present action is Lady Isabella Brydges, the widow of
Sir John Head Brydges, her title being, of course, derived
from her husband, upon the assumption that the properey
had been legally divided in gavelkind tenure ; and
the plaintiff is one of the several mortgage's
who have advanced money upon the property,
and who now seek to recover the money which,
as they allege, went illegally into the poem sion of (the
brother of Sir Egerton Brydges. The case for the plaintiffs
was that with regard to that portion of the property known
es the Wootton Court estate, it wait never held under a
gavelkind tenure, but descended in the ordinary manner to
the next heir, according to the aommoo law of the land, and
that with regard to the Swanton Woods, of that portion
which was in point of fact held as gavelkind, by a
special act of parliament it had been disgavelled, and wee
tqerefore in the same positron as the other. With regard to
the first-mentioned portion of the property, it was stated that
BO far back as the period of legal memory, PHI., the reign of
Richard 1., the estate of Wooten, sr Woodenton, as it
was cared, was held under the Archbishop of Canterbury,
upon the tenure of what was then called knight serv.ce, or
a fee in lieu thereof, but which did not affect the title of
the heir-at-law; and with regard to the other pm Lion, it
appears to have been disgavelled by one Richard Mun•ings,
who then held the property, about the reign of Elizabeth;
and after that period it was represented to have pawed to the
heir-at-law in regular line, until it came into the possession
of the Brydges family.
The evidence in support of the case set up by the plaintiff,
rested of course entirely upon the production of ancient re-
cords nod deeds, to show in what mangier the different pre
patios had been held. It appeared by the records of the
reign of Richard the First, that the Woodenton or Wootton
property was then held at a certain number of knights' fees,
and the property was traced in that form down to the reign
of Richard the Second; bat, in the troubles which followd,
the death of that monarch, and the civil wars that ensued,
it was alleged that the records were either destroyed or wire
sot kept regularly, and no further trace of the properry ap-
peareduntil the reign of Henry the Eighth, when
lias in the possession ef Sir Christopher Hole",
Attorney-General, and subsequently Master of the
Rolls, and it was shown by an inquisitio post moll=
' after his disease that the property was still held by the
same tenure, and descended to his heir-at•law, and upon
his death again in the same line, and the property wee
tracked doown to the present period, or at least documentary
evidence we, tendered with that view. As reel-sled the
other
.portion of the property, Swanton Woods, it was retire-
seated that Richard Muiturngs, the person who held at in
the reign of Queen Elizabeth, and who was described as the
di-gaveller, had in fact taken that proceeding with regard Is
the property ; and a survey of the property tr. the
kingdom, made in the reign of Queen Eezans th.
was put in to show that at that period the property had
descended to the heir-at-law, his eldest ton, who at that time
had two brothers, John and Fdwsrd, who by subsequent -
moneys appeared in due course to have themselves could:WO •
possession of she property, and it was traced from then..dher
la the possession of Lord Bollingbroke, from whom tt, was
derived by the Brydes family, prior to hte year 17ish. '
The Attorney-General took a number of technic-2 72.ja v.
bons to the production of the different documents, er. ettey
he imagined from the nature of the case ; and with ILtrd
-
to) one deed, of an important character, he submitted
ahould have borne a stamp of 261., and that ssithorii; it :it
was not admirable.
The Lord Chief .lust:ce ruled that the deed in qutakes
eight to have boric the stamp of the amount suegeste6e:l4.
sod it we' arranged that a messenger should be sent to Lon-
don with the decd, and get it stamped.—The cause then
proceeded, and at seven o'clock at night the further
-
re adjourned.
oxen 17.—At nine o'clock this morning the..
resumed, and about half-past twelve o'clock the case
prosecution concluded, with the exception of the
had been objected to on the previous day.
The Lord Chief Justice intimated that he was
to nooauit the plaintiff if there -.rase an prolability
dead would be produced.—Sir F. Madge' said that

I, t

2 ,;

141
I ~
I.
.1
3
(
f an empire in the nor.b. i
Ibe seen. We depreese
Bony, having quite enough
mditure without that ; but
ings, and have no doubt li
will beget imitator', and
Ilglish rajahs superseding
rer a Dyak population, ea
resting coast
00100, the island centre of . •
'ull and satisfactory. It is •
that final repression sill
sinless a formidable me-
t the country of Illations,
lindanao, of which the 1 .•
;reeks form their strong-
' preposterous idea of
ig Basilan for the Preach
is precisely opposite the •
rate itself; so that to hold
ed a fleet and a two years*
admiralty not being quits
the island.
of the French in those seat 11
I &ries in the islands. This I.
.'
ISt and hostility, not to
I.
iet of the missionaries •I'
e forerunners of conquest.
se showed some Japanese
ointed out en it the extent
dominions. The Japancs.
low is it that the King ' ,I
nself of halt the world r 1 1
Le commences by sending
, II
people ; and when this a . ; ,
itched to juin the native , I
st is easy and complete."
Lem banished the Spaniards
sta. A similar story might
its.
repudiate Christianity for ;
lays repudiate it because
Mahommedans. But per-
• converts that ever were
naries are the Dyake ; and, '
Mr. Brooke is founding at
?a, be a Christian empire. r. t
,ve a much more hopeful
po Choo, or in the islands i, •
and Malays.
rd aa yet which gives
of the archipelago ho-
milies, as this present ono
The volumes are valuable , I
se mariner, the merchant, 111 '
ley contain information for i
ad of entertainment for the 1
, 11
portion of them is to be t

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