The first regularly organized tribunals of appeal in France were about the reign of Louis IX. The French right of appeal, especially in criminal cases, seems to American or English observers to be often frivolously exercised. The French courts of appeal may discharge or amend the judgments of the courts below, and may reduce or increase punishments or the pecuniary awards of juries. The theory of the French appeal seems to be a submission of the facts as stated in the proceedings to the court of appeal, to whose judgment all deductions whatsoever are referred. Appeals from justices of the peace lie to the tribunals of first instance, composed of from three to twelve judges, divided into chambers of civil and criminal jurisdiction. The decisions of these tribunals and of the tribunals of commerce are reviewed in 27 higher courts, taking their names from the cities where they are established. Each of these courts is composed of at least 24 judges, and is usually divided into three chambers, one having cognizance of civil causes, one of criminal accusations, and one of police matters. In the civil chambers seven judges, and in the chamber of criminal accusations five judges must concur.

On very important or difficult questions two of the chambers combine, and the decision must be concurred in by 14 judges. Appeals from these courts go to the court of cassation. This court has 49 judges, and may on appeal annul the judgments of any of the inferior courts for any error of law apparent on the face of the proceedings. No new evidence is received in this court, while on appeals from the courts of first instance the proofs may be changed to any extent. - In Germany, the system of appeal was commenced in 1496, and is now greatly elaborated; the courts are of the first, second, and third instance. The appeals may be based either on matters of law or fact. Each kingdom has its own tribunals, and the smaller principalities are associated together in districts for the purposes of courts of appeal. The proceedings of the German courts, like those of the English court of chancery, are excessively prolix and tedious, and entirely in writing, the arguments only being oral, and their essence being contained in the pleadings, as deductions from the facts. - Besides the sense in which we in modern parlance use the word appeal, proceedings of historical interest known as appeals were formerly recognized in English law, wherein the term was used as derived from the French appeler, to summon or to challenge.

An offender on his trial might by permission of the court confess the charge, and "appeal" another person as the instigator or accomplice of his crime, who thereupon might be put on his trial, or fight his accuser. If he was acquitted, or if he conquered, the accuser was hanged on his own confession; if convicted or vanquished, the accuser was pardoned, as for service done to the state. Sir Matthew Hale denounced this practice, and it fell into disuse, although by various statutes now repealed the indemnity, and even the reward of approvers, was long maintained. A party injured by a felony, his widow or heirs, might also appeal the offender for the price of blood, and subsequently for the purpose of punishment. This was distinct from a crown prosecution. The appellee, the person accused, could then demand his wager of battle, which the accuser, if a peer, a citizen of London, the widow, a priest, an infant, or person above 60, might decline. The appellant might also decline to fight if the evidence which he adduced raised a very violent presumption of the guilt of the appellee.

The combat commenced by the appellee throwing down his glove, which was lifted by the appellant, whereupon each party affirmed categorically by an oath the truth of the accusation and denial, concluding, "and this I will prove against thee by my body." Thereupon the parties must proceed to fight, with club and buckler, in the presence of the court, from sunrise to the appearance of the stars in the evening. If the appellant was vanquished, the appellee was acquitted, and had his action against the appellant, who was thereupon declared infamous; if the appellee was vanquished, he was hanged forthwith. The last occasion on which the appeal of felony and wager of battle were resorted to in England was no longer ago than the year 1818, when the defendant was charged on such an appeal with the rape and murder of the appellant's sister. The appellee waged his battle, whereupon the appellant claimed that the evidence which he offered of the guilt of the accused was so conclusive as to exempt him, the appellant, from the necessity of lighting. But the judges decided that the evidence was insufficient to sustain the claim, though they offered to consider the point whether the wager of battle had not been waived by the form of the pleadings.

But the appeal was withdrawn, and the accused was thereupon discharged. In the next year, 59 George III., the wager of battle was abolished by parliament. The case here referred to (Ashford v. Thornton) is reported at great length in 1 Barnewall and Alderson's Reports, p. 405, where, in the elaborate arguments of counsel and in the opinions of the judges, will be found interesting matter upon this now obsolete topic of the law.