The History of the Common Law of England
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第21章 The First Book(21)

Thus the nations over that whole extent of country obtained the blessing of self-government, but they fell again under the sway of kings, in the manner which I will now relate. There was a certain Mede named Deioces, son of Phraortes, a man of much wisdom, who had conceived the desire of obtaining to himself the sovereign power. In furtherance of his ambition, therefore, he formed and carried into execution the following scheme. As the Medes at that time dwelt in scattered villages without any central authority, and lawlessness in consequence prevailed throughout the land, Deioces, who was already a man of mark in his own village, applied himself with greater zeal and earnestness than ever before to the practice of justice among his fellows. It was his conviction that justice and injustice are engaged in perpetual war with one another. He therefore began his course of conduct, and presently the men of his village, observing his integrity, chose him to be the arbiter of all their disputes. Bent on obtaining the sovereign power, he showed himself an honest and an upright judge, and by these means gained such credit with his fellow-citizens as to attract the attention of those who lived in the surrounding villages. They had long been suffering from unjust and oppressive judgments; so that, when they heard of the singular uprightness of Deioces, and of the equity of his decisions, they joyfully had recourse to him in the various quarrels and suits that arose, until at last they came to put confidence in no one else.

The number of complaints brought before him continually increasing, as people learnt more and more the fairness of his judgments, Deioces, feeling himself now all important, announced that he did not intend any longer to hear causes, and appeared no more in the seat in which he had been accustomed to sit and administer justice. "It did not square with his interests," he said, "to spend the whole day in regulating other men's affairs to the neglect of his own." Hereupon robbery and lawlessness broke out afresh, and prevailed through the country even more than heretofore; wherefore the Medes assembled from all quarters, and held a consultation on the state of affairs. The speakers, as I think, were chiefly friends of Deioces. "We cannot possibly," they said, "go on living in this country if things continue as they now are; let us therefore set a king over us, that so the land may be well governed, and we ourselves may be able to attend to our own affairs, and not be forced to quit our country on account of anarchy." The assembly was persuaded by these arguments, and resolved to appoint a king.

It followed to determine who should be chosen to the office.

When this debate began the claims of Deioces and his praises were at once in every mouth; so that presently all agreed that he should be king. Upon this he required a palace to be built for him suitable to his rank, and a guard to be given him for his person. The Medes complied, and built him a strong and large palace, on a spot which he himself pointed out, and likewise gave him liberty to choose himself a bodyguard from the whole nation. Thus settled upon the throne, he further required them to build a single great city, and, disregarding the petty towns in which they had formerly dwelt, make the new capital the object of their chief attention. The Medes were again obedient, and built the city now called Agbatana, the walls of which are of great size and strength, rising in circles one within the other. The plan of the place is that each of the walls should out-top the one beyond it by the battlements. The nature of the ground, which is a gentle hill, favours this arrangement in some degree, but it was mainly effected by art. The number of the circles is seven, the royal palace and the treasuries standing within the last. The circuit of the outer wall is very nearly the same with that of Athens. Of this wall the battlements are white, of the next black, of the third scarlet, of the fourth blue, of the fifth orange; all these are coloured with paint. The two last have their battlements coated respectively with silver and gold.

All these fortifications Deioces caused to be raised for himself and his own palace. The people were required to build their dwellings outside the circuit of the walls. When the town was finished, he proceeded to arrange the ceremonial. He allowed no one to have direct access to the person of the king, but made all communication pass through the hands of messengers, and forbade the king to be seen by his subjects. He also made it an offence for any one whatsoever to laugh or spit in the royal presence. This ceremonial, of which he was the first inventor, Deioces established for his own security, fearing that his compeers, who were brought up together with him, and were of as good family as he, and no whit inferior to him in manly qualities, if they saw him frequently would be pained at the sight, and would therefore be likely to conspire against him; whereas if they did not see him, they would think him quite a different sort of being from themselves.

After completing these arrangements, and firmly settling himself upon the throne, Deioces continued to administer justice with the same strictness as before. Causes were stated in writing, and sent in to the king, who passed his judgment upon the contents, and transmitted his decisions to the parties concerned: besides which he had spies and eavesdroppers in all parts of his dominions, and if he heard of any act of oppression, he sent for the guilty party, and awarded him the punishment meet for his offence.

Thus Deioces collected the Medes into a nation, and ruled over them alone. Now these are the tribes of which they consist: the Busae, the Paretaceni, the Struchates, the Arizanti, the Budii, and the Magi.