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also signified, that to smile or to spit in the king's presence, or in the presence of each other, was an act of indecency144. His motive for this conduct

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of King's Bench, and Common Pleas, to be stationary at Westminster, where all applications and proceedings were thenceforth to be by pleadings; and when, in addition to this regulation, judges itinerant were sent on regular circuits, to enquire and take cognizance (or, as Herodotus perhaps would have expressed it, to spy out, and obtain information) of offences and misdemeanours; (see Lord Ch. Just. Hale's History of the Common Law, p. 140, 142; Dalrymple, p.284); for by both the one means and the other, legal processes were regularly instituted, and criminals were duly brought to judgment; and indeed the same sort of steps towards civilization, and on its first dawning, seem to have been taken in France, when the Gallic kings instituted first what were called the Missi Dominici, and afterwards royal cases and appeals. (Henault, vol. ii. p. 892: Essay on the English Constitution and Government, by the Author of this work, 2d edit. p. 75.) And this idea of these regulations of Deioces being rather merely such a kind of useful and beneficial introduction of civilization, seems confirmed by what is further added by Herodotus, and also by the well-known fact adverted to in the book of Ezra, that Ecbatana actually became the established place of public records in subsequent ages. Ezra, chap. vi. ver. 2. 1 Esdras, chap. vi. ver. 23. King's Munimenta, vol. iii. p. 16.

144 An act of indecency.]-The modern manners of the Orientals bear in many instances a minute conformity to the most ancient accounts of them which are come down to us. The difficulty of approach to the princes and great men of the East, is a circumstance remarked by all modern travellers. The act of spitting, in the East, is much more detestable than we have any conception of. The Arabs never spit before their superiors; and Sir John Chardin tells us, VOL. I.

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that

was the security of his power; thinking, that if he were seen familiarly by those who were educated with him, born with equal pretensions, and not his inferiors in virtue, it might excite their envy, and provoke them to sedition. On the contrary, by his withdrawing himself from observation, he thought their respect for him would be increased.

C. When Deioces had taken these measures to increase the splendour of his situation and the security of his power, he became extremely rigorous in his administration of justice. They who had causes to determine, sent them to him in writing, by his official servants, which, with the decisions upon each, he regularly returned. This was the form which he observed in judiciary matters. His proceeding with regard to penal offences was thus: -Whenever he heard of any injury being perpetrated, and for this purpose he appointed spies and informers in different parts of his dominions, the offender was first brought to his presence, and then punished according to his offence.

CI. Deioces

that spitting before any one, or spitting upon the ground in speaking of any one's actions, is, through the East, an expression of extreme detestation.—T.

Larcher remarks, that the use of tobacco has rendered the Orientals less punctilious with respect to the circumstance of spitting. Niebuhr informs us, in his description of Arabia, that he has frequently seen the master of a family sitting with a china spitting-pot near him. He at the same time observes, that they do not often spit, although they continue

smoking for many hours at a time.

CI. Deioces thus collected the Medes into one nation, over which he ruled: they consisted of the Busæ, the Paretaceni, the Struchates, the Arizanti, the Budii, and the Magi.

CII. Deioces reigned fifty-three years, and at his decease, his son Phraortes succeeded to the throne. Not satisfied with the government of the Medes alone, he singled out the Persians as the objects of his ambition, and reduced them first of all under the dominion of the Medes. Supreme of these two great and powerful nations, he overran Asia, alternately subduing the people of whom it was composed. He came at length to the Assyrians, and proceeded to attack that part of them which inhabited Nineveh 145. These were formerly the most powerful nation in Asia: their allies at this period had separated from them; but they were still, with regard to their internal strength, respectable. In the twenty-second year of his reign, Phraortes 146, in an excursion against this people,

145 Nineveh.]-is supposed to be the modern Mousul.— Pococke.

146 Phraortes.]-According to Herodotus,

yrs.

the reign of Deioces was

53

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people, perished, with the greater part of his

army.

CIII. He was succeeded by his son Cyaxares, grandson of Deioces. He is reported to have been superior to his ancestors in valour, and was the first who regularly trained the Asiatics to military service, dividing them, who had before been promiscuously embodied, into companies of spearmen, cavalry, and archers. He it was who was carrying on war with the Lydians, when the engagement which happened in the day, was suddenly interrupted by nocturnal darkness. Having

formed an amicable connection with the different nations of Asia beyond the Halys, he proceeded with all his forces to the attack of Nineveh, being equally desirous of avenging his father, and becoming master of the city. He vanquished the Assyrians in battle; but when he was engaged in the siege of Nineveh, he was surprised by an army of Scythians, commanded by Madyas, son of Protothyas. Having expelled the Cimmerians 147 from Europe, the Scythians had found their way

into

147 Cimmerians.]-The history of the Scythians is remarkably obscure. Justin, speaking of the incursions of this people into Asia, sometimes coincides with Herodotus, at others materially contradicts him. Strabo makes a slight mention of this expedition of Madyas: but I am ignorant by what authority he makes him king of the Cimmerians; I should rather think a mistake has been here made by some copyist.-Larcher.

into Asia*, and, continuing to pursue the fugitives, had arrived at the territories of the Medes.

CIV. From the lake Mootis an expeditious traveller may pass to the river Phasis among the Colchians, in the space of thirty days it requires less time to pass from Colchis into Media, which are only separated by the nation of the Saspirians. The Scythians, however, did not come by this way, but, leaving mount Caucasus on their right, passed through the high country by a much longer rout. Here they met with the Medes, who, in a fixed battle, lost not only the victory, but the empire of Asia.

CV. The Scythians having obtained the entire possession of Asia, advanced towards Egypt. Psammitichus, king of Egypt, met them in Palestine

*The Gog and Magog of Ezekiel must be understood to be meant for the Scythians who made the above irruption into Media, and even carried their devastations into Palestine, and the borders of Egypt. We are aware that the chronology, as it stands, does not bear us out; but as the prophecies of Ezekiel are allowed to have begun at about 595 years before Christ, and the Scythians to have continued in Western Asia till about 605, it may be conceived that a small error in chronology, and let it be remembered that Sir Isaac Newton has made it appear probable that an error of about 120 years existed in the date of the foundation of Rome, may change the order of the two events. Rennell, p. 111.

Major Rennell says the distance may be about twenty journies or days.

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