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. The King
introduces them, and the hearing is held within sacred precincts and in
the open air. Whenever the King hears a case he takes off his crown.
The person who is charged with homicide is at all other times excluded
from the temples, nor is it even lawful for him to enter the
market-place; but on the occasion of his trial he enters the temple and
makes his defence. If the actual offender is unknown, the writ runs
against 'the doer of the deed'. The King and the tribe-kings also hear
the cases in which the guilt rests on inanimate objects and the lower
animal.
Part 58
The Polemarch performs the sacrifices to Artemis the huntress and to
Enyalius, and arranges the contest at the funeral of those who have
fallen in war, and makes offerings to the memory of Harmodius and
Aristogeiton. Only private actions come before him, namely those in
which resident aliens, both ordinary and privileged, and agents of
foreign states are concerned. It is his duty to receive these cases and
divide them into ten groups, and assign to each tribe the group which
comes to it by lot; after which the magistrates who introduce cases for
the tribe hand them over to the Arbitrators. The Polemarch, however,
brings up in person cases in which an alien is charged with deserting
his patron or neglecting to provide himself with one, and also of
inheritances and wards of state where aliens are concerned; and in
fact, generally, whatever the Archon does for citizens, the Polemarch
does for aliens.
Part 59
The Thesmothetae in the first place have the power of prescribing on
what days the lawcourts are to sit, and next of assigning them to the
several magistrates; for the latter must follow the arrangement which
the Thesmothetae assign. Moreover they introduce impeachments before
the Assembly, and bring up all votes for removal from office,
challenges of a magistrate's conduct before the Assembly, indictments
for illegal proposals, or for proposing a law which is contrary to the
interests of the state, complaints against Proedri or their president
for their conduct in office, and the accounts presented by the
generals. All indictments also come before them in which
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