APPEAL is used in Common and Civil Law, to signify the removing of a Cause from an inferior Judge to a superior; or the having recourse to a superior Judge to rectify what is amiss in a Sentence passed by an inferior. See JUDGE and COURT. Appeals lie from any of the ordinary Courts of Justice to the House of Lords, who judge en dernier Resort; i.e., no Appeal lies from them. See RESORT, PARLIAMENT, etc.
There are Appeals from Ecclesiastical Justice to Secular. The first Instance is that of Paulus Samosatenus, who being condemned and deposed by the second Council of Antioch, refused to surrender the Episcopal House to Domnus, who had been elected his Successor; and appealed to the Emperor.
Appeal is also used in Common Law in the same sense as Accusatio among the Civilians. See ACCUSATION.
For, as in the Civil Law, Cognizance of criminal Cases is taken either upon Inquisition, Accusation, or Denunciation; so in ours it is taken either upon Indictment or Appeal. Indictment comprehends both Inquisition and Denunciation. Appeal or Accusation is a lawful Declaration of another Man’s Crime (which, by Bracton, must be Felony at the least) before a competent Judge, by one that sets his Name to the Declaration, and undertakes to make it good on the Penalty that may otherwise ensue.
An Appeal is commenced two ways; either by Writ, or Bill. Appeal by Writ, is when a Writ is purchased out of Chancery by one party against another; to this end, that he appeal a third of some Felony committed by him, finding Pledges that he shall do it, and deliver this Writ to the Sheriff to be recorded. Appeal by Bill is, when a Man of himself gives up his Accusation in Writing to the Sheriff or Coroner, offering to undergo the Burden of appealing the Person therein named.
This Practice is drawn from the Normans, as appears from the grand Customary, wherein is a solemn Discourse both of the Effects of this Appeal, viz. the Order of the Combat, and of the Trial by Inquest; which, by our Law, is in the choice of the Defendant. See TRIAL, COMBAT, INQUEST, etc.
Appeal of Mayhem, is an accusing of one that hath maimed another—But this being no Felony, the Appeal thereof is but in manner of an Action of Trespass; so that there is nothing recovered but the Damages.
Bracton calls this Appellum de Plagiis & Mahemio, and has a whole Chapter of it. In King John’s time, there is recorded an Appeal against a Jew, qui fecit ementulari quondam Nepotem suum.
Appeal of wrong Imprisonment, is used by Bracton for an Action of wrong or false Imprisonment. See ACTION, etc.
Appeal is particularly used for a private Accusation of a Murderer, by one who had Interest in the Murdered Party; or of any Felon by one of his Accomplices in the Fact. See MURDER, FELONY, etc.
If an Appeal of Murder or Felony be sued by any common Person against a Peer; he shall be tried by Commoners, and not by his Peers. See PEER. The Person who brings an Appeal, is called the Appellant; and the Person appealed, the Appellee.
APPEAL
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- Written by: Ephraïm Chambers
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