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On this page: Apparitores – Appellatio

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APPELLATIO.

A very similar representation to the above is found on the triumphal arch of Titus, on which Titus is represented as being carried up to the skies on an eagle. There is a beautiful represen­tation of the apotheosis of Augustus on an onyx-stone in the royal museum of Paris.

Many other monuments have come down to us, which represent an apotheosis. Of these the most celebrated is the bas-relief in the Townley gallery in the British Museum, which represents the apotheosis of Homer. It is clearly of Roman work­manship, and is supposed to have been executed in the time of the Emperor Claudius.

The wives, and other female relations of the emperors, sometimes received the honour of an apotheosis. This was the case with Livia Augusta, with Poppaea the wife of Nero, and with Faustina the wife of Antoninus. (Suet. Claud. 11 ; Dion Cass. xl. 5; Tac. Ann. xvi. 21 ; Capitolin. Anton. PMos. 26.)

APPARITORES, the general name for the public servants of the magistrates at Rome, namely, the accensi, carnifex, coactores, inter-pretes,lictores,praecones, scribae, stator, strator, viatores, of whom an account is given in separate articles. They were called apparitores because they were at hand to execute the com­mands of the magistrates (quod Us apparebant el praesto erant ad obsequium^ Serv. Ad Virg. Aen. xii. 850 ; Cic. pro Cluent. 53; Li\r. i. 8). Their service or attendance was called apparitio. (Cic. ad Fam. xiii. 54, ad Qu. Fr. i. 1. § 4.) The servants of the military tribunes were also called apparitores. We read that the Emperor Severus forbade the military tribunes to retain the appari­tores, whom they were accustomed to have. (Lamprid. Sever. 52.)

Under the emperorg, the apparitores were di­vided into numerous classes, and enjoyed peculiar privileges, of which an account is given in Just. Cod. 12. tit. 52—59.

APPELLATIO. 1. greek (£f>e<rw, or am-SiKia). Owing to the constitution of the Athenian tribunals, each of which was generally appropriated to its particular 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. Tt is to be observed also, that in general a cause was finally and irrevocably decided by the verdict of the dicasts (81/07 avroreATjs). There were, how­ever, some exceptions, in which appeals and new trials might be resorted to.

A new trial to annul the previous award might

APPELLATIO.

be obtained, if the loser could prove that it was not owing to his negligence that judgment had gone by default, or that the dicasts had been de­ceived by false witnesses. And upon the expul­sion of the thirty tyrants, a special law annulled all the judgments that had been given during the usurpation. (Dem. c. Timocr. p. 718.) The peculiar title of the above-mentioned causes was waSiKoi Si/ecu, which was also applied to all causes of which the subject-matter was by any means again submitted to the decision of a court.

An appeal from a verdict of the heliasts was allowed only when one of the parties was a citizen of a foreign state, between which and Athens an agreement existed as to the method of settling disputes between individuals of the re­spective countries (fi'iKcu airb av^oXtav). If such a foreigner lost his cause at Athens, he was per­mitted to appeal to the proper court in another state, which (e/cKA^Tos TroAts) Bockh, Schomann, and Hudtwalcker suppose to have been the native country of the litigant. Platner, on the other hand, arguing from the intention of the regulation, viz. to protect both parties from the partiality of each other's fellow-citizens, contends that some disinterested state would probably be selected for this purpose. The technical words employed upon this' occasion are e'/c/caAe?^, e/c/caAetcrflcu, and tj efocAr/Tos, the last used as a substantive, probably by the later writers only, for e^ecns1. (Harpocr. Hudtw. De Diaet. p. 125.) This as well as the other cases of appeal are noticed by Pollux (viii. 62, 63) in the following words:—WJ/E</>e(m is when one transfers a cause from the arbitrators (<JjcuT7/raf), or archons, or men of the township (foj^uora:) to the dicasts, or from the senate to the assembly of the people, or from the assembly to a court (St/caa'TTtyHcw), or from the dicasts to a foreign tribunal ; and the cause was then termed e^ecn/xos. Those suits were also called eKKXyrcu. St/ccu. The deposit staked in appeals, which we now call 7rapa§6\iov, is by Aristotle styled TrapdgoXovS The appeals from the diaetetae are generally men­tioned by Dem. c. Aphob. p. 862 ; c. Boeot. de Dote, pp'. 1013, 1017, 1024; and Hudtwalcker supposes that they were allowable in all cases except when the /xtj ovcra sikt? was resorted to. [dike.]

It is not easy to determine upon what occasions an appeal from the archons could be preferred ; for after the time of Solon their power of deciding-causes had degenerated into the mere presidency of a court (-^ye/xovia Si/mcrTTjpiou), and the conduct of the previous examination of causes (avaKpuris). It has been also remarked (Platner, Proc. und Klag. vol. i. p. 243), that upon the plaintiff's suit being rejected in this previous examination as unfit to,be brought before a court, he would most probably proceed against the archon in the assem • bly of the people for denial of justice, or would wait till the expiration of his year of office, and attack him when he came to render the account of his conduct in the magistracy (tvQvvai). (Antiph. De Choreut. p. 788.) An appeal, however, from the archons, as well as from all other officers, was very possible when they imposed a fine of their own authority and without the sanction of a court ; and it might also take place when the king archon had by his sole voice made an award of dues and privi­leges (ye'fa) contested by two priesthoods or sacer­dotal races. (Lex. Rhetoricum^ pp. 219, 19.)

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