mon. century. They had all things in comLittle else is known of their peculiar tenets.-The second sect of this name existed in the 12th century. It was composed of people of the lower class. They were numerous, and their lives, as Bernard admits, were exemplary. Their peculiarities were as follows:-They held it to be unlawful to take oaths; they suffered their hair and beards to grow to an enormous length; they preferred celibacy to wedlock, calling themselves the chaste brethren and sisters; each man, however, had a spiritual sister, with whom he lived in a domestic relation.-The third sect of A. was founded, about 1260, by Gerhard Sagarelli. They went barefooted, begging, preaching and singing throughout Italy, Switzerland and France; announced the coming of the kingdom of heaven, and of purer times; had females in their retinue, as the apostles had their female companions, and were suspected of unJawful intimacy with these sisters. This society never received the papal confirmation; on the contrary, it was abolished, A. D. 1286, by Honorius IV. Though they were persecuted by the inquisition, they continued in existence, perpetually wandering about; and, when Sagarelli was burnt as a heretic, A. D. 1300, another chief apostle appeared,-Dolcino, a learned man of Milan, who encouraged the sect, now increased to 1400 men, with his prophetic promises. To defend themselves against persecution, they were compelled, about the year 1304, to station themselves in fortified places, whence they might resist attacks. In the plundering habits which they were forced to adopt, they wholly lost the original design of their institution, and, after having devastated a large tract of country belonging to Milan, they were subdued, A. D. 1307, by the troops of bishop Raynerius, in their fortress Zebello, in Vercelli, and almost all destroyed. Dolcino was burnt. The survivors afterwards appeared in Lombardy, and in the south of France, as late as A. D. 1368. Their heresy consisted in reviling the pope and the clergy. APOSTOOL; a Mennonite minister at Amsterdam, who established, in 1664, a sect called Apostoolians, a branch of the Mennonites. APOSTROPHE; a figure of speech which received this name from the ancients, because the orator, in using it, turned from the judge to the accuser or the accused, and spoke to him. In a more limited sense, we understand by it, an address to one absent as if he were present, or to things without life and sense as if they had life and sense. The apostrophe, according to its nature, is spoken in an elevated tone. The same term is also used to signify the contraction of a word by the use of a comma. APOTHECARY. (See Pharmacy.) APOTHEOSIS (deification); a solemnity among the ancients, by which a man was raised to the rank of the gods. The custom of placing mortals, who had rendered their countrymen important services, among the gods, was very ancient among the Greeks, who generally followed, in so doing, the advice of an oracle. On their coins, most of the founders of cities and colonies are immortalized as gods; and, in subsequent times, living princes assumed this title. The Romans, for several centuries, deified none but Romu lus, and first imitated the Greeks, in the fashion of frequent apotheosis, after the time of Augustus Cæsar. From this period, apotheosis was regulated by the decrees of the senate, and accompanied with great solemnities. There are still many monuments extant exhibiting the Roman apotheosis. It became, at last, so common, as to be an object of contempt. Vespasian, in an attack of sickness, said, by way of joke, "I am a god, or, at least, not far from it."-According to Eusebius, Tertullian and Chrysostom, Tiberius proposed to the senate the apotheosis of Jesus Christ, which, however, was refused by this body. Juvenal, satirizing the frequent practice of A., introduces poor Atlas, complaining that he could not any longer bear the immense and daily-increasing mass of gods. That virtuous persons, after their death, were raised to the rank of demigods, was a doctrine of Pythagoras, who probably derived this idea from the East. It corresponds with the notions of many Christians, who believe that virtuous men become angels after their death. The period of the Roman emperors, so rich in crime and folly, offers the most infamous instances of apotheosis. After Cæsar, the greater part of the Roman emperors were deified. The same hand which had murdered a predecessor often placed him among the gods. The savage Nero deified the beautiful Poppaa, his wife, after having killed her by a kick when she was pregnant; and Caracalla, having murdered his brother, Geta, with his own hands, in his mother's arms, granted him divine honors, accompanied with the infamous remarkSit divus, dum non sit vivus. The first em 304 APOTHEOSIS- APPEAL. perors were not adored in their life-time; but, with the progress of insanity, temples were built to the living tyrant. Caligula was not satisfied with being a god; he wished to be a priest too, and, taking his horse as a companion in the office, offered sacrifice to himself, and, immediately afterwards, appeared as Jupiter or as Cythera, &c. Constantinus had the double advantage of being deified by the religion which he had persecuted, and canonized by that which he supported. It was quite customary for the Christian emperors to have altars, and be adored by their pagan subjects. Critics are not wanting, who see, in the canonization of the Catholic church, nothing but a continuance of this Roman fashion of deifying men, with this difference only,-that saints were never canonized during their life-time. This deification of the living the Romans derived, perhaps, from the Greeks, whose ; lively and poetical imaginations led them sometimes to build altars to their mistresses, and offer sacrifices to them. The apotheosis never degenerated to such a criminal excess among the Greeks as among the Romans. The ceremonies of the Roman apotheosis were very curious, but are too long to be repeated here. APPALACHIAN MOUNTAINS. (See Alleghany Mountains.) APPALACHICOLA; a river of the U. States, formed by the Chatahoochee and Flint rivers, which unite near the northern border of Florida. The A., after a course of about 70 miles, flows into St. George's sound, in the gulf of Mexico, and is navigable throughout for schooners of considerable size. The Chatahoochee, the western and largest tributary of the A., rises in the Appalachian or Alleghany mountains, on the confines of Georgia and Tennessee, and is navigable for boats nearly 400 miles from the gulf of Mexico. APPANAGE. (See Apanage.) APPARENT, among mathematicians and astronomers, denotes things as they appear to the eye, in distinction from what they really are. Thus they speak of apparent motion, magnitude, distance, height, &c. So important is this difference between reality and appearance, particularly in regard to the heavenly bodies, that we find all early astronomers, who were ignorant of this fact, running continually into errors; and a great advancement in science was required, before mankind were able to establish systems opposed to appearances. Every one knows that a body may appear to move while it is, in fact, at rest, and the motion is in the spec tator, or the place on which he stands, as is the case with the sun, in relation to the inhabitants of this earth.-The phrase apparent heir, or heir apparent, signifies one whose right of inheritance is indefeasible, provided he survives his ancestors; as the eldest son or his issue, who must, by the course of the common law, be heirs to the father. Heirs presumptive are such who, if the ancestor should die immediately, would, in the present state of things, be his heirs. APPEAL (law) signifies the removal of a cause from an inferior tribunal to a superior; from the French appeller, of the same signification. In England, appeals lie from the ordinary courts of justice, and also from the equity courts to the parliament. Appeals from courts of equity differ from writs of error, which impugn the judgments of the ordinary courts, in these respects,—that the former may be brought upon interlocutory matters, that is, questions occurring in the course of the trial; the latter, upon definitive judgments only. On writs of error, the house of lords pronounces judgment; in appeals, it directs the court to rectify its judgment. In Germany, originally, appeals could be brought only when the feudal lord refused to administer justice. The cause might then be carried before the king's court; and, if magistrates decided wrongly, their decisions might be called in question (Fr. fausser le jugement), and thus the appellant became at issue with his former judges, and the dispute, according to law, was to be decided by mortal combat. Subsequently, all judgments were examined by a superior court. This change had been already introduced in France by king Louis IX, but was first firmly settled in Germany, by the establishment of the court of the imperial chamber, A. D. 1495. Appeal was made from the tribunals of the lords of manors to the courts of the princes, and from these latter to the tribunals of the empire, the court of the imperial chamber, and the aulic council. The states of the empire endeavored, as far as possible, to shake off this subordination of their tribunals to the supreme judicature of the kingdom. Austria, from the very first, kept herself perfectly free from this dependence. The electors were entitled to the same liberty, by virtue of their ancient privileges; but it had now become a fundamental law, that there should be three degrees of courts, and those who would not establish tribunals of the third or highest degree (high courts of appeals), were obliged to allow the right of appeal to the supreme courts of the empire, and could obtain exemption therefrom only by particular imperial privileges (privilegia de non appellando). The same privilege was granted also to other states, who might establish their own supreme tribunals (as Sweden at Wismar, Hanover at Celle, Hesse-Cassel, &c.), or else send the documents, belonging to questions at issue, to foreign colleges, which had the right of final judgment. The tedious forms in the supreme courts of the empire, and other defects in the judicial administration, gave popularity to these establishments, on the part of the separate states; although the maxim, that 3 consecutive decrees are requisite for the entire settlement of a controversy at law, infinitely delayed the process; and the want of a supreme court, extending its authority throughout Germany, was highly prejudicial to the improvement of the German code. The dissolution of the German empire increased the difficulties attending the administration of justice in the small states; and it is one of the most salutary resolves of the German compact (while recognising the necessity of 3 consecutive judgments as a fundamental law of the empire), that the smaller states shall be compelled to erect, in common, high courts of appeal, and not confine themselves to petty, local jurisdictions. These supreme courts, common to several states, have all, within a few years past, been reduced to a regular order. The great limitation, almost amounting to exclusion of criminal cases, is a remarkable circumstance in the constitution of these courts. The diversity in the amounts of property in question, for which appeal is allowed from the different states, is also interesting. Saxe-Hildburghausen alone suffers all causes, without reference to the amount in dispute, to go to the high court of appeal at Jena. In the rest of the states, the limitation varies between 100 and 500 Saxon dollars. With a few differences in names and forms, all the judicial administration of Germany is now uniform, and the rule of the 3 gradations of tribunals is universal. The smaller states, we have already said, have joint courts of appeal. Austria has such courts of her own, at Vienna, and many other places, besides a supreme court of justice at Vienna. Hungary and Transylvania have a judicial constitution peculiar to themselves. In old Prussia, the courts of the first or lowest degree are those of cities, districts, &c.; of the second degree, there are 15, in as many important places; of the third degree, there is properly but one, the superior tribunal at Berlin; but the efficacy of this court in maintaining unity in the administration of justice is much interrupted by many revisions of each other's decrees, which take place between the various courts of the second degree. The Prussian lands on the Rhine still have the French judicial constitution; and, for this, a court of revision was established at Berlin, by the decree of July 20, 1819, in the room of the French court of cassation. Bavaria has 8 tribunals, with appellate jurisdiction, and a supreme court of appeal, at Munich. The high courts of appeal of individual states, according to the choice of the parties in every case, stand in the place of a joint tribunal, for the settlement of the contests of the states with one another. In France, only two gradations are permitted-the tribunals of the first instance (district and county courts), and the courts of appeal (cours royales), which have taken the place of the old parliament. For the whole kingdom, however, there is the royal court of cassation, which has to decide only in cases where the competency of a tribunal, or the formality of a process, is called in question. This court does much towards the preservation of harmony in the administration of justice. (For courts of appeal in the U. States, see Courts.) APPEAL, in the judicial language of England, besides the common meaning in other countries, had, till lately, another, also, denoting an accusation by one private subject against another, for some heinous crime, demanding punishment on account of the particular injury suffered, rather than for the offence against the public. The usual English criminal process is a process of accusation by indictment of a grand jury, in which the accuser is obliged to prove his charges, and the accused is not bound to give answer or reply with regard to his actions.. The German criminal process, on the contrary, seeks especially to investigate the truth from the statements of the accused himself. In the English system, the prosecution is conducted by the government, at the request of the injured party, who has nothing further to do, but to furnish means of proof to the advocates of the crown. But the process of appeal, of which we are now to speak, was another sort of prosecution or suit, in which the defendant, or one of his relations, summoned the plaintiff before the proper tri 306 APPEAL-APPIAN WAY. bunal of justice (the king's bench), in order to obtain satisfaction for the offence, and to have the proper punishment inflicted. The accuser, here, is called appellor, or appellant, and the accused, appellee. This kind of appeal took place when the supposed criminal had been acquitted on an indictment, but not if he had been sentenced and punished for a less crime than that of which he was accused; for instance, of manslaughter instead of murder. If he was pardoned, this did not protect him from this private accusation, and, if found guilty on these charges, he was obliged to suffer the punishment established by law, and the king could not pardon him. This right of private accusation continued for a year. If, therefore, the judge, the public or the relatives were not satisfied with the sentence of acquittal passed by the jury, such an appeal might be made, and the person acquitted detained in prison till the end of the year, unless bail was given for his appearance to answer to the appeal. The jury on the appeal was usually different from that on the indictment, and examples are not wanting where a man has been brought in guilty by the second jury, on the same grounds upon which he was acquitted by the first. Thus, A. D. 1708, John Young was murdered, and suspicion fastened upon Ephraim Slaughterford, his friend, with whom he was last seen. He was acquitted at the assizes, but the public were so convinced of his guilt, that a subscription was opened to pay the expenses of a private accusation. Slaughterford was found guilty by a second trial, and executed. A similar event happened A. D. 1818. A young lady, Mary Ashford, was found murdered under circumstances which fixed the strongest suspicions upon one Abraham Thornton. He had waited upon her home from a ball, and had been with her, as he himself confessed, a short time before the discovery of her body, not far from the pit, full of water, in which it lay. Notwithstanding this, he was acquitted, and the brother of the deceased now prosecuted him by an appeal of murder. Upon this, Thornton made use of a right, the existence of which had been almost forgotten. He summoned the accuser to a wager of battle, i. e. a trial by combat, instead of submitting to a trial by jury. The valid ity of this right could not be questioned, and the advocate of the accuser received a severe reproof from the court, because he suffered himself to call it unreasonable and barbarous. The accuser, a weak young man, 20 years old, did not venture to engage in a contest, with clubs, with the athletic Thornton: he was obliged to recall his accusation, and the suspected murderer was once more acquitted. The public feeling, however, was so strong against him, that he emigrated to America, where he soon after died. This event occasioned the abolition, not only of the wager of battle, but also of the right of appeal, as experienced lawyers were of opinion that the accused could not be deprived of the choice between a second trial by jury and a wager of battle. This was done A. D. 1819, by the act of parliament 59 George III, c. 46. Some may think that this abolition has occasioned an essential defect in the English laws; but it is merely applying to such cases a just and proper principle of criminal law, which is now generally adopted both in England and America, that no person shall be twice tried for the same offence,a principle that gives great security against oppressive and successive prosecutions. The process of appeal and the trial by combat were never introduced into the American law. APPELLANTS; a religious party. (See Unigenitus.) APPENZEL; a canton of the Swiss confederation, surrounded on all sides by the canton St. Gall. It is divided into 2 parts, called Inner-rood, or rhode, and Outerrood, each having, since 1597, a separate government, independent of the other. In respect to the other cantons of the confederacy, both are considered as forming one canton. The form of government is entirely democratic. Every man, above the age of 16 years, annually appears, with his sword, in the general assembly, when the officers are chosen. A. contains, on 222 square miles, 55,000 inhabitants. The canton is active in manufactures of different kinds, and in raising cattle. The chief place is the market-town, Appenzel, in the Inner-rood; lon. 9° 31′ E.; lat. 47° 20/ N.; pop. 3,000. (See Swiss Confederation.) APPIAN of Alexandria; governor and manager of the imperial revenues, under Adrian, Trajan and Antoninus Pius, in Rome. He wrote a Roman history, from the earliest times to those of Augustus, in 24 books, of which only half have come down to us,-an unequal work, according to the sources from which the author drew his materials. The best late edition is that of Schweighäuser, Leipsic and Strasburg, 1785, 3 vols. APPIAN WAY, leading from Rome to Capua; the oldest and most renowned Roman road. It was made by Appius Claudius Crassus Cocus, when he was censor, 313 years B. C., and afterwards extended to Brundusium. It consisted of hard, hexagonal stones, exactly fitted to one another; and there may still be seen, particularly at Terracina, important remains, which prove its excellent workmanship. APPIANI, Andrew; a painter, born at Milan, May 23, 1754, of an old and noble, but poor family. He was obliged to work with scene-painters for his support, and to go with his masters from town to town. In Parma, Bologna and Florence, he had an opportunity to see and study the master-works of his art, and to form his style. He visited Rome 3 times, in order to penetrate the secret of Raphael's style of fresco-painting, and soon excelled in this art every living painter in Italy. He displayed his skill particularly in the cupola of Santa Maria di S. Celso, at Milan, and in the paintings which he prepared for the walls and ceiling of the villa of the archduke Ferdinand, at Monza (1795). Napoleon appointed him royal court painter, gave him the order of the legion of honor, and that of the iron crown, and made him member of the Italian institute of sciences and arts. A. painted afterwards almost the whole of the imperial family. His best works are the frescopaintings on the ceiling of the royal palace at Milan, allegories relating to Napoleon's life, and his Apollo with the Muses, in the villa Bonaparte. Almost all the palaces of Milan have fresco-paintings by him. Napoleon's fall affected A.'s fortune severely. He died in 1817, in straitened circumstances. APPIUS CLAUDIUS CRASSINUS, a member of the patrician family of the Claudii, though cruel and arrogant, like his ancestors, was hardly appointed consul, B. C. 401, when, to gain the favor of the people, he supported the law proposed by the tribune Terentillius, or Terentius, which had for its object a change in the form of government. Instead of the usual magistrates, decemvirs (10 men) were appointed to compose a code of laws for Rome (afterwards called the laws of the twelve tables), and to possess sovereign power for a year. He was himself chosen decemvir, and when, after the first year, this office was prolonged for a year more, he was the only one who succeeded, by his influence over the chief men among the people, in being rechosen. He was resolved never again to give up his power, and conspired with his colleagues for the accomplishment of this plan. The same year, the Æqui and Sabines laid waste a portion of the Roman territory. The decemviri collected an army, and marched against the enemy. Only A. and Oppius remained in Rome, with 2 legions, to support the authority of the decemviri, already prolonged beyond the lawful term, when an unexpected event overthrew them. A. was passionately in love with the daughter of Virginius, a respectable plebeian, absent with the army. When A., as a husband and a patrician, could not lawfully marry Virginia, who was betrothed to Icilius, formerly a tribune of the people, and had sought in vain to seduce her, he persuaded M. Claudius, his client, with several associates, to carry her off by violence from the public school where she was, under the pretence that she was the daughter of one of his slaves. The people compelled him to set her at liberty; but Claudius summoned her immediately before the tribunal of A., who decided that the pretended slave should be given up, for the present, to her inaster. Upon this, Numitorius, her uncle, and Icilius, her lover, made known the criminal designs of A. A fearful disturbance arose. and the decemvir was compelled to leave Virginia in the hands of her family; but he declared that he would pronounce his decision the next day. Virginius, summoned by his brother and Icilius, appeared in the forum, with his daughter, in a mourning dress. He brought the most indubitable proofs of the groundlessness of the claim; but A., trusting to the number of his guards, still commanded Claudius to take her as his slave. When Virginius asked permission of the decemvir to speak to her nurse, in Virginia's presence, that he might, for his own satisfaction, be convinced of his error, A. consented. Upon this, the unhappy father tenderly embraced his daughter, suddenly seized the knife of a butcher who was standing by, and plunged it into her bosom, with these words: "Go, free and pure, Virginia, to thy mother and thy ancestors." A. commanded Virginius to be seized; but he fled to the camp. The senators Valerius and Horatius, who hated the decemvirate, inflamed a spirit of vengeance in the people, already excited by the sight of Virginia's body, and A. could silence the disturbance only by summoning a meeting of the senate. In the meantime, Virginius had related the affair to the army, which marched to Rome, demanding revenge. The decemvirs, seeing they could no longer maintain |