Forms: 4–6 apele, 5 apeele, 6 apeal(e, 5–6 appel(e, 6–7 appeal(e, 6– appeal. Also 5–7 appell(e, 6 apell(e. [a. OFr. apeler to call:—L. app-, adpellā-re to accost, address, call upon, also in Law ‘to appeal to, to impeach,’ a secondary form of adpell-ĕre to drive to, direct (a ship) towards, land upon. Cf. the history of aboard and accost, both of which similarly passed from the sense of ‘land upon,’ to ‘make up to, address, speak to.’ For refashioning of prefix, see AP- pref.1; the change of -e- to -ea- was part of the spelling reform of 16th c.; appell was a latinized form.]
† I. trans. To appeal a person. Obs. or Hist.
† 1. To call (one) to answer before a tribunal; in Law: To accuse of a crime which the accuser undertakes to prove. spec. a. To impeach of treason. b. To accuse an accomplice of treason or felony. c. To accuse of a heinous crime whereby the accuser has received personal injury or wrong, for which he demands reparation. (Const. of, for, the crime; to the tribunal.) All Obs. exc. as Hist.
1366. Maundev., xii. 139. Straungeres … schulle thus appelen us & holden us for wykked Lyveres.
1440. Shirley, Dethe of James I. (1818), 27. I appell you afor God … that ye bene the varay cause of the losse of my saule.
1464. J. Paston, in Lett., 486, II. 152. They were apelyd of othyr se[r]teyn poyntys of treson.
1523. Ld. Berners, Froiss., I. ccxlii. 357. If the prince were apeled to ye court of parlyament.
1548. Udall, etc., Erasm. Par. John vii. 19. He did appele them of sinnefull transgression of the lawe.
1593. Shaks., Rich. II., I. i. 9. If he appeale the Duke on ancient malice. Ibid., I. i. 27. To appeale each other of high treason.
1628. Coke, On Litt., 287 b. To appeale a man is as much as to accuse him.
1643. Prynne, Power Parl., II. 38. I … appeale you to the Tribunall of that high Judge above.
1649. Selden, Laws of Eng., I. lxvii. (1739), 171. No Man shall be appealed by a Woman for the death of any but her own Husband.
1750. Nugent, Montesquieu’s Spir. Laws, II. 279. When a man, who was appealed of a crime, visibly shewed that it had been committed by the appellant himself, there could be then no pledges of battle.
1768. [See APPROVEMENT1 1.]
1809. Tomlins, Law Dict., s.v., If the wife kill her husband, the heir may appeal her of the death.
1839. Keightley, Hist. Eng., I. 307. They came before the king … and appealed of treason the Archbishop of York.
2. To call one to defend himself (as by wager of battle); to challenge. arch.
c. 1400. Rowland & Ot., 343. I appelle hym for trouthe broken.
1470–85. (ed. 1634) Malory, Pr. Arthur (1816), I. 322. Sir Blamor de Ganis … hath appealed me to fight with him.
a. 1649. Drumm. of Hawth., Wks. (1711), 224. Being appealed to a duel, he had killed his adversary.
† 3. To invoke or claim as judge. (So in cl. L.) Obs. rare. See 6.
1382. Wyclif, Acts xxv. 12. Cesar I apele [Vulg. Cæsarem appello; other MSS. and vers. To Cesar] Thanne Festus … answeride, Cesar thou hast apelid, To Cesar thou schalt go.
† 4. To invoke or call to witness. Obs. rare. See 8.
1645. [G. Gillespie], Liberty of Conscience, 19. I must appeal the consciences of those who now plead so much for liberty of conscience and toleration in this Kingdome.
1649. Milton, Eikon., 89. He hath presum’d to appeale the … testimony of God.
II. intr. Const. to.
5. To call to a higher judge or tribunal for deliverance from the adverse decision of a lower; to remove a case formally from an inferior to a higher court. Also fig. as in proverbial phrase, To appeal from Philip drunk to Philip sober.
c. 1400. Apol. Loll., 22. He appellid stalliworþli fro þe court of Innocent þe forþe, vn to þe barre of Crist.
1502. Ord. Crysten Men (W. de W.), IV. iii. (1506), 169. From the courte of Iustice a man may apele and call un too the courte of mercy.
1651. Hobbes, Leviath., I. xi. 50. They appeale from custome to reason.
1876. E. Mellor, Priesth., ii. 62. We appeal from the narrow officialism of the disciple, to the … merciful benevolence of the Master.
b. with mention of one or both tribunals omitted; also against a decision.
c. 1330. R. Brunne, Chron., 100. S. Anselm þerfor appeld vnto þe courte of Rome.
1393. Gower, Conf., III. 192. Alisaundre … a worthy knight … Forjuged hath, and he appelleth.
c. 1425. Wyntoun, Cron., VIII. x. 25. Fra his Curt … Ðis Makduff appellyd.
1538. Starkey, England, 127. Appelyng to the Court of the Byschope of Canterbury.
1611. Shaks., Cymb., V. iv. 91. Helpe (Iupiter) or we appeale, and from thy iustice flye.
1883. Trevelyan, Sp. in Parl., 25 Aug. The Revising Barrister’s … decisions have never been appealed against.
1883. Times, 27 Aug., 10/2. As there was doubt on the point, he [the Judge] gave Mr. Heintz liberty to appeal.
c. To appeal to the country (sc. from parliament): to dissolve parliament after vote of the House of Commons adverse to the ministry, in order that the constituencies may express their mind on the question in electing the members of the new house.
6. To call upon a recognized authority to vindicate one’s right or decide in one’s favor in a dispute.
1393. Gower, Conf., III. 196. Unto thy dome, lorde, I appele, Beholde and deme my querele.
1586. James VI., in Ellis, Orig. Lett., I. 224, III. 19. Appealing to youre rypest judgement to discerne thereupon.
1711. Addison, Spect., No. 122, ¶ 5. Mr. Touchy and he must appeal to him upon a Dispute that arose between them.
1878. Seeley, Stein, III. 364. We find him appealed to … in the constitutional dispute which had begun to rage.
b. fig. of decision by physical means.
1849. Macaulay, Hist. Eng., xxiii. They appealed to the sword.
7. To call to a witness for corroboration; to call attention to some testimony as confirmation.
1414. Brampton, 7 Penit. Ps. lxvi. 25. Forsake me noȝt … And ȝyf thou do, I will apele To Ne reminiscaris, Domine!
1593. Shaks., 2 Hen. VI., II. i. 190. To Heauen I doe appeale, How I haue lou’d my King, and Common-weale.
1712. Steele, Spect., No. 555, ¶ 13. I appeal to the judicious observers for the truth of what I assert.
1850. McCosh, Div. Govt., I. i. (1874), 8. For the proof of the existence of the conscience, we appeal … to the consciousness.
8. To call for a favor of any kind; to make supplication, entreaty, or earnest request, to a person for a thing.
1540. Cromwell, in Ellis, Orig. Lett., II. 142, II. 168. I appell to your Highnes for mercy.
1883. Daily News, 3 Sept., 5/2. A letter from the Lord Mayor appealing to the public for subscriptions on behalf of the sufferers from the ravages of cholera in Egypt.
Mod. I appeal to you to let me alone.
9. To address oneself, specially and in expectation of a sympathetic response, to some principle of conduct, mental faculty, or class of persons.
1794. Sullivan, View Nat., I. 103. Imagination here needs not be appealed to.
1803. Sir J. Mackintosh, Def. Peltier, Wks. 1846, III. 268. To what interests does it appeal? What passions is it to rouse?
1835. N. Amer. Rev., Oct., 458. An author who treats it [the subject of Dress] appeals, like the poet, to the young men and maidens.
1869. Freeman, Norm. Conq., III. xiii. 296. He appealed to their sense of feudal honour.
Mod. Pictures appeal to the eye, arguments to the reason.
III. trans. with a thing as obj.
10. To remove to a higher tribunal.
1481. Caxton, Reynard (Arb.), 76. I appele this mater into the court to fore our lord the kyng.
c. 1590. Marlowe, Faustus, 9. To patient judgments we appeal our plaud.
1870. Lowell, Among My Books, I. (1873), 178. To appeal a case of taste to a court of final judicature.
