At Rome, according to the Twelve Tables, and earlier, involuntary homicide was to be expiated by the sacrifice of a ram (Walter, Geschichte des Römisch. Rechts, sect. 768). So intimately was the mode of dealing with homicide connected with the religious feelings of the Athenians, that these old regulations were never formally abrogated throughout the historical times, and were read engraved on their column by the contemporaries of Dêmosthenês.[132] The areopagus continued in judicial operation, and the ephetæ are spoken of as if they were so, even through the age of Dêmosthenês; though their functions were tacitly usurped or narrowed, and their dignity impaired,[133] by the more popular dikasteries afterwards created. It is in this way that they have become known to us, while the other Drakonian institutions have perished: but there is much obscurity respecting them, particularly in regard to the relation between the ephetæ and the areopagites. Indeed, so little was known on the subject, even by the historical inquirers of Athens, that most of them supposed the council of areopagus to have received its first origin from Solon: and even Aristotle, though he contradicts this view, expresses himself in no very positive language.[134] That judges sat at the areopagus for the trial of homicide, previous to Drako, seems implied in the arrangements of that lawgiver respecting the ephetæ, inasmuch as he makes no new provision for trying the direct issue of intentional homicide, which, according to all accounts, fell within the cognizance of the areopagus: but whether the ephetæ and the areopagites were the same persons, wholly or partially, our information is not sufficient to discover. Before Drako, there existed no tribunal for trying homicide, except the senate, sitting at the areopagus, and we may conjecture that there was something connected with that spot,—legends, ceremonies, or religious feelings,—which compelled judges there sitting to condemn every man proved guilty of homicide, and forbade them to take account of extenuating or justifying circumstances.[135] Drako appointed the ephetæ to sit at different places; and these places are so pointedly marked, and were so unalterably maintained, that we may see in how peculiar a manner those special issues, of homicide under particular circumstances, which he assigned to each, were adapted, in Athenian belief, to the new sacred localities chosen,[136] each having its own distinct ceremonial and procedure appointed by the gods themselves. That the religious feelings of the Greeks were associated in the most intimate manner with particular localities, has already been often remarked; and Drako proceeded agreeably to them in his arrangements for mitigating the indiscriminate condemnation of every man found guilty of homicide, which was unavoidable so long as the areopagus remained the only place of trial. The man who either confessed, or