Page:Cyclopaedia, Chambers - Volume 1.djvu/161

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Nor can the Lotus Apparent be determined, if the Ob- ject be beyond the Focus of a convex Glafs : But if the Object be further diftant from a convex Glafs, than its Focus, and the Eye lie beyond the diftinct Bafe ; irs Ap- parent 'place will be in the diftinct Bafe. See the Article

XiENS.

Apparent 'Place of a Star, &c. is a Point in the Surface of the Sphere determined by a Line drawn from the Eye, thro the Centre of the Star, £5c. See Place.

The true, or real Place, is determined by a Line drawn from the Centre of the Earth, through the Star or Planet.

Apparent, or fenfible Horizon, is that great Circle which limits our Sight ; or the Place where the Heavens and the Earth fcem to meet. See : HoRizON.

Jt may be conceiv'd as a Cone, whole Vertex is the Eye, and its Bafe the circular Plain which terminates our Pro-

fpect It determines the Rifing and the Setting of the

Sun, Moon, or Stars. See Rising, Setting, &g.

Apparent Con]unBion. is when the right Line fuppo- fed to be drawn thro the Centres of two Planets, does not pafs thro the Centre of the Earth, but thro the Eye of the Spectator. See Conjunction.

Apparent Motion, 'Time, %$c. See Motion, Time,

APPARITION 1, in Aftronomy, a Star or other Lumi- nary's becoming viable, which before was hid- In this

fenfe the Word ftands oppofed to Occupation. See Oc- cupation.

The Heliacal Rifing is rather an Apparition than a pro- per Rifing. See Heliacal.

Circle of perpetual Apparition. See Circle of per- petual Apparition.

APPARITOR, or Apparitour, or Apparator, a Beadle in an Univerfity, who carries the Mace before the Mafters and the Faculties. See Beadle and Univer- sity.

Apparitors are alfo Meffengers, who cite Men to ap- pear in the Ecclefiailical Courts. See Summons, Sum- moner, Citation, Sffc.

Among the Romans, Apparitors were the fame with Serjeants or Tip-ftaffs among us ; or rather Apparitor was a general Term, and comprized under it all the Minifters and Attendants of the Judges and Magistrates, appointed

to receive and execute their Orders -And hence, they

fay, the Name was derived, viz, from apparere, to be prefent, to be in waiting.

Under the Name Apparitores were comprehended the Scribe, Accenji, Interpret es, Pnecones, Viatores, Litlores, Servi Puiiici, and even the Camifices or Hangmen. See

SCRIBA, ACCENSI, &C.

They were ufuaily chofen out of the Freed-Men of the Magistrates ; and their Condition was held in fo much Con- tempt, that as a Mark of Ignominy, the Senate appointed a City that had revolted from them, to furnifh them with Apparitors.

There were, alfo a kind of Apparitors of Cohorts, calld Cohonales, or Conditionaks, as being atrach'd to a Cohort, and doom'd to that Condition— The Apparitors of the Pne- tors Pr<eioriam, were thofe who attended the Prartors, or Governors of Provinces ; and who, on their Matter's Birth- day, were always chang'd and preferr'd to better Potts

Add, that the Poutifices had alio their Apparitors, as ap- pears from an Infcription of an antient Marble in the Viu

Appia : rr APPARITORI

PONTIFICUM PARMULARIO. APPEAL is ufed in Common and Civil Law, to iig- nify the removing of a Caufe from an inferior Judge to a fuperior 5 or the having recourfe to a fuperior Judge to rectify what is amifs in a Sentence pafs'd by an inferior. See Judge and Court.

Jlppeali lie from any of the ordinary Courts of Juftice to the Houfe of Lords, who judge en dernier Re (fort ; i.e. no Appeal lies from 'em. See Ressort, Parliament,

There are Appeals from Ecclcfiaftical Juftice to Secular.

The firft Initance is that ofPaulus Samofatemis, who

being condemn'd and depofed by the fecond Council ofAn- tioch refufed to Surrender the Epifcopal Houfe to 1)omnus, who had been elected his Succeffor; and appealed to the Emperor. t

Appeal is alfo ufed in Common Law in the fame fenfe

as Accufatio among the Civilians. See Accusation ■

For, as in the Civil Law, Cognizance of criminal Cafes is taken either upon Inquifition, Accufation, or Denunciation 5 fo in ours it is taken either upon Indictment or Appeal.

Indictment comprehends both Inquifition and Denuncia- tion Appeal or Accufation is a lawfal Declaration of

another Man's Crime (which, by Sratlon, mutt be Felony at the leaft) before a competent Judge, by one that fetteth

his Name to the Declaration, and undertakes to make it good on the Penalty that may otherwife enfue.

An Appeal is commenced two ways 5 either by Writ, or

Bill Appeal by Writ, is when a, Writ is purchafed out

of Chancery by one to another ; to this end, that he appeal a third of fome Felony committed by him, finding Pledges that he fhall do it, and deliver this Writ to the Sheriff to be recorded.

Appeal by Sill is, when a Man of himfelf gives up his Accufation in Writing to the Sheriff or Coroner; offering to undergo the Burden of appealing the Perfon therein named.

This Practice is drawn from the Normans, as appears from the grand Cuftomary, wherein is a folemn DHcourfe both of the Effects of this Appeal, viz. the Order of the Combat, and of the Trial by Inqucft ; which, by our Law, is in the choice of the Defendant. See Trial, Combat, Inquest, &c.

Appeal of Mayhem, is ah acctifing of one that hath'

maimed another But this being no Felony, the Appeal

thereof is but in manner of an Action of Trefpafs ; fo that there is nothing recover'd but the Damages.

Srafion calls this Appellum de Plagiis £5> Maloemio, and has a whole Chapter of it.

In King John a time, there is recorded an Appeal againft a fiWi qui fecit ementulari quondam Nepotem fuum.

Appeal of wrong Imprifomnent, is ufed by ffratlon for an Action of wrong or falfe Imprjfonment. See Action,

Appeal is particularly ufed for a private Accufation of a Murderer, by one who had lntcreft in the Murder'd Par- ty 5 or of any Felon by one of his Accomplices in the Fact,. See Murder, Felony, &c.

If an Appeal of Murder or Felony be fued by any com- mon I'erfon againff a Peer ; he fhall be tried by Commo- ners, and not by his Peers. See Peer.

The Perfon who brings an Appeal, is call'd fa& Appel- lant ; and the Perfon appeal'd, the Appellee.

APPEARANCE, the exterior Surface of a Thing; oc that which firft ftrikes the Senfe, or the Imagination. See Exterior and Surface.

The Academicks maintain, that the fenfible Qualities of Bodies are only Appearances ; and the like Doctrine is held by fome later Philofophers. See Academick and Quality. See alfo Body, External World, &c.

Our Errors arife chiefly from a too hafty and precipitate Affent of the Will, which acquiefces too eafily in the Appearances of Truth. See Will, Liberty, Assent, Error, £5>e.

Appearance, in Perfpective, is the Reprefentation or Projection of a Figure, Body, or the like Object, upon the Perfpective Plane. See Representation and Projec- tion.

The Appearance of an objective right Line, is always a right Line. See Perspective.

The Appearance of an opake Body and a Luminary be- ing given, to find the Appearance of the Shadow 5 fee Shadow.

Appearance of a Star, or 'planet. See Apparition- Appearances, in Aftronomy, £&;, are more ufuaily call'd Phenomena. See Phenomena.

In Opticks, we ule the Term 2)iretl Appearance, for the View or Sight of an Object by direct Rays; without either Refraction or Reflection. See Direct and Ray. See alfo Opticks, Vision, %$c.

"Jo fave Appearances, is to difcharge one's Duty feemingly, or acquit himfelf of the Formalities and Exter- nals thereof; fo as to fave his Character, and avoid the giving of Scandal or Offence.

Appearance, in Law, is the Defendant's engaging to anfwer a Caufe or Action entred againft him in fome Court of Judicature. See Action, Process, &c.

Appearance, in the KingVBench, is the Defendant's filing either of Common or Special Bail, if the Action be

by Bill -If it be by Original, the Appearance mutt be*

with the Philazer of the County where the Arreft was. See Bail, Bill, Philazer, £S?c.

Appearance, in the Common-Pleas, muft be entred with the Philazer there ; but if it be by Bill, with the Protho- notary. See Proteionotary, &c.

APPELLATIVE, or Noun Appellative, in Gram- mar, a common Name; or a Name which belongs, or is ap- plicable to all things of that kind. See Name and Noun.

Such are the Names, Man, Angel, Horfe, Plant, "Tree, eifo

Appellatives ftand oppofed to proper Names, which be- long only to Individuals 5 as Peter, Gabriel, Bucephalus, tfc. See Proper Name.

The Word is form'd of the Latin, appellare, to call, name a thing.

■ APPENDANT, or Appurtenant, in Law, is under.

fiood of fuch things as by time of Prefcriptipn have b<v

I i longed'.;