APPELLĀTĬO

appeal.—(1) Greek ( ἔφεσις or ἀναδικία .) Owing to the constitution of the A then i an tribunals, each of which was generally appropriated to its peculiar subjects of cognisance, and therefore could not be considered as homogeneous with or subordinate to any other, there was little opportunity for bringing appeals properly so called. It is to be observed also, that in general a cause was finally and irrevocably decided by the verdict of the dicasts ( δίκη αὐτοτελής ). There were only a few exceptions in which appeals and new trials might be resorted to.—(2) Roman. The word appellatio , and the corresponding verb appellare , are used in the early Roman writers to expre the application of an individual to a magistrate, and particularly to a tribune, in order to protect himself from some wrong inflicted, or threatened to be inflicted. It is distinguished from provocatio , which in the early writers is used to signify an appeal to the populus in a matter affecting life. It would seem that the provocatio was an ancient right of the Roman citizens. The surviving Horatius, who murdered his sister, appealed from the duumviri to the populus. The decemviri took away the provocatio; but it was restored by the Lex Valeria et Horatia , B.C. 449, in the year after the decemvirate, and it was at the same time enacted, that in future no magistrate should be made from whom there should be no appeal. On this Livy remarks, that the plebs were now protected by the provocatio and the tribunicium auxilium ; this latter term has reference to the appellatio properly so called. The complete phrase to expre the provocatio is provocare ad populum ; and the phrase which expre es the appellatio is appellare ad , .