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Such is the general statement, that Solon instituted the Areopagus; which seems to be confirmed, because Draco makes no mention of the Areopagites, but in all causes of blood refers to the Ephetae; yet Solon's thirteenth table contains the eighth law set down in these very words: "Whoever before Solon's archonship were disfranchised, let them be restored, except those that, being condemned by the Areopagus, Ephetae, or in the Prytaneum by the kings, for homicide, murder, or designs against the government, were in banishment when this law was made;" and these words seem to show that the Areopagus existed before Solon's laws, for who could be condemned by that council before his time, if he was the first that instituted the court? unless, which is probable, there is some ellipsis, or want of precision, in the language, and it should run thus, "Those that are convicted of such offenses as belong to the cognizance of the Areopagites, Ephetae, or the Prytanes, when this law was made," shall remain still in disgrace, whilst others are restored; of this the reader must judge.
In his time a dispute between the Athenians and Argives was referred to fifty arbiters of each nation, called Ephetae, the origin of the court so styled, and afterward re-established with new powers by Draco. To Demophoon succeeded his son Oxyntes, and to Oxyntes, Aphidas, murdered by his bastard brother Thymaetes. Thymaetes was the last of the race of Theseus who reigned in Athens.
If a man who is in banishment for a homicide which admits of reconciliation incurs a further charge of killing or wounding, he is tried in Phreatto, and he makes his defence from a boat moored near the shore. All these cases, except those which are heard in the Areopagus, are tried by the Ephetae on whom the lot falls.
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