Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

APPELLATIO. APPELLATIO. 107
The appeal from the demotae would occur, when from an inferior to a superior magistrate; and from
a person hitherto deemed one of their members, one tribune to another.
lad been declared by them to be an intruder and The appeals which have here been referred to,
no genuine citizen. If the appeal were made, the were limited to criminal matters. In civil suits there
demotae appeared by their advocate as plaintiff, was not, and could not be any appeal under the reand the result was the restitution of the franchise, public, for the purpose of revising and altering a
or thenceforward the slavery of the defendant. decision, for each magistrate had power to decide
It will have been observed, that in the three finally within the limits of his jurisdiction: and as
last cases, the appeal was made from few or single a general rule, the sentence of a judex could not
or local judges to the heliasts, who were con- be reversed by the magistrate who appointed the
sidered the representatives of the people or country. judex. The only mode in which a person could
With respect to the proceedings, no new documents have relief, in such cases, was by the intercessio
seem to have been added to the contents of the of a superior magistrate, or the appellatio of the
echinus upon an appeal; but the anacrisis would tribunes which would be in the nature of a stay of
be confined merely to an examination, as far as execution. The In integrae restitutio also existed
was necessary, of those documents which had been under the republic.
already put in by the litigants. When the supreme power became vested in the
There is some obscurity respecting the two next emperors, the terms provocatio and appellatio lost
kinds of appeal that are noticed by Pollux. It is their original signification. Thus Gellius (iv. 14)
conljectured by Schdmann (zAtt. tProcess, p. 771) has used provocatio for appellatio. In the Digest
that the appeal from the senate to the people refers (49. tit. 1. D)e Appellationibus) provocatio and apto cases which the formler were for various reasons pellatio are used indiscriminately, to express what
disinclined to decide, and by Platner (vol. i. p. 427), we call an appeal in civil matters: but provocatio
that it occurred when the senate was accused of seems so far to have retained its original meaning
having exceeded its powers. as to be the only term used for an appeal in
Upon the appeal from the assembly to court, there criminal matters. The emperor centred in himis also a difference of opinion between the two last- self both the power of the populis and the veto of
mnentioned critics, Schlmann maintaining (Att. the tribunes; but the appeal to him was properly
Process, p. 771) that the words of Pollux are to be in the last resort. Augustus (Sueton. Octavianus,
applied to a voluntary reference of a cause by the 33) established a system of regular appeals front
assembly to the dicasts, and Platner suggesting litigant parties at Rome to the Praetor Urbanius,
the possible case of one that incurred a praejudicium as in the provinces to the governors. Nero (Sueton.
of the assenlbly against him (7rpoCoAi, cKaraXelpo- Nero, 17) enacted that, all appeals from privati
Troi'a) calling upon a court (1cao'ripTlOv) to give (Tacit. A neal. xiv. 28)judicesshould be to the senate.
hlim the opportunity of vindicating himself from a Appellatio among the later Roman jurists, then, sigcharge that his antagonist declined to follow up. nlifies an application for redress from the decision
Platner also supposes the case of a magistrate sum- of an inferior to a superior, on the ground of wrong
marily deposed by the assembly, and demanding decision, or other sufficient ground. According to
to prove his innocence before the heliasts. [J.S.M.] Ulpian (Dig. 49. tit. 1), appeals were common
2. ROMAN. The word APPELLATIO, and the among the Romnals, " on account of the injustice
corresponding verb Cappellare, are used in the early or ignorance of those who had to decide (jlldi.
Roman writers to express the application of an cantes), though sometimes an appeal alters a proindividual to a magistrate, and particularly to per decision, as it is not a necessary consequence
a tribune, in order to protect himself from some that he who gives the last gives also the best deciwrong inflicted, or threatened to be inflicted. It sion." This remark must be taken in connection
is distinguished from?mrovocatio, which in the early with the Roman system of procedure, by which
writers is used to signify an appeal to the populus such matters were referred to a judex for his deciin a matter affecting life. It would seem that the sion, after the pleadings had brought the matter
provocatio was an ancient right of the Ronan in dispute to an issue. From the emperor himself
citizens. The surviving Horatius, who murdered there was, of course, no appeal; and by a constituhis sister, appealed from the dunmviri to the tion of Hadrian, there was no appeal from the
populus. (Liv. i. 26.) The decemviri took away senate to the emperor. The emperor, in appointthe provocato; bhut it was restored by a lex con- ing a judex, might exclude all appeal and make
sularis de provocatiole, and it was at the same the decision of the judex final. M. Aurelius by a
timie enacted that ii future no magistrate should rescript (Dig. 49. tit. 1. s. 1, 21) directed an apbe made from whom there should be no appeal. peal from the judgment of a judex to the magisOn this Livy (iii. 55) remarks, that the plebes trate who had appointed the judex. The appeal,
were now protected by the provocatio and the or libellus appellatorius, showed who was the aptriunicium auexileneo; this latter term has reference pellant, against whom the appeal was, and what
to the appellatio properly so called (iii. 13. 56). was the judgmnent appealed firom.
Appius (Liv. iii. 56) applied (appellavit) to the Appellatio also means to summon a party before
tribunes; and when this produced no effect, and a judex, or to call upon him to perform something
he was arrested by a viator, he appealed (provo- that he has undertaken to do. (Cic. Ad Art. i. 8.)
cavil). Cicero (De Orat. ii. 48) appears to allude The debtor who was summoned (appellatus) by
to the re-establishment of the provocatio, which is his creditor, and obeyed the summons, was said
mentioned by Livy (iii. 55). The complete phrase respondere.
to express the provocatio is provocare ad populumi; The system of appellationes as established under
and the phrase which expresses the appellatio, is the empire was of very extensive application, and
appellare, and in the later writers appellm-re ad. was not limited to matters of criminal and civil
It appears that a person might ap1veilare from one procedure. A person might appeal in matters that
magistrate to another of equal rank; and, of course, related to the fiscus, to penalties and fines, and